Carter v. Kwasi Adba et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's Complaint is DISMISSED for failure to state a claim upon which relief may be granted. The Clerk is DIRECTED to remove this case from the Court's pending case list. Signed by Judge Algenon L. Marbley on 1/17/2013. (cw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

CARDIONAL ANNA VINES CARTER,
Plaintiff,
Civil Action 2:12-cv-789
Judge Algenon L. Marbley
Magistrate Judge Elizabeth P. Deavers

v.

MORRIS, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the October 25, 2012 Report and
Recommendation of the Magistrate Judge. (ECF No. 4.) The Magistrate Judge recommended
dismissal of Plaintiff’s Complaint for failure to state a claim upon which relief may be granted.
(Id. at 5.) In her Report and Recommendation, the Magistrate Judge specifically informed the
parties that “the failure to object to the Report and Recommendation will result in a waiver of the
right to de novo review by the District Judge and waiver of the right to appeal the judgment of
the District Court.” (Id.) The Magistrate Judge also specifically informed the parties that
“[e]ven when timely objections are filed, appellate review of issues not raised in those objections
is waived.” (Id. at 6 (citing Robert v. Tesson, 507 F.3d 981, 994 (6th Cir. 2007).) “A general
objection to a magistrate judge’s report, which fails to specify the issues of contention, does not
suffice to preserve the issue for appeal . . . .” Robert, 507 F.3d at 994.
The time period for filing objections to the Report and Recommendation has expired.
Although Plaintiff filed a “Notice of Appeal” in which she apparently seeks to appeal from the

Report and Recommendation to the United States Court of Appeals for the Sixth Circuit, she has
not objected to the Report and Recommendation. (ECF No. 6.) The Court concludes that
Plaintiff’s Notice of Appeal does not constitute an objection to the Report and Recommendation
because it “fails to specify the issues of contention.” Robert, 507 F.3d at 994. Indeed, Plaintiff
does not even reference the Magistrate Judge’s Report at all in her Notice of Appeal, much less
set forth the specific issues with which she purportedly disagrees. (ECF No. 6.) Under these
circumstances, at most the Court might construe Plaintiff’s Notice of Appeal as a general
objection to the Report and Recommendation of the Magistrate Judge. As the United States
Court of Appeals for the Sixth Circuit has recognized, however, “[a] general objection to the
entirety of the magistrate judge’s report has the same effects as would a failure to object.”
Howard v. Sec’y of Health and Human Services, 932 F.2d 505, 509 (6th Cir. 1991). Thus,
Plaintiff has failed to timely object to the Report and Recommendation of the Magistrate Judge.
The Court has reviewed the Report and Recommendation of the Magistrate Judge.
Noting that no objections have been filed and that the time for filing objections has expired, the
Court ADOPTS the Report and Recommendation. (ECF No. 4.) Accordingly, Plaintiff’s
Complaint is DISMISSED for failure to state a claim upon which relief may be granted. The
Clerk is DIRECTED to remove this case from the Court’s pending case list.

IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT
DATED: January 17, 2013

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