Carter v. Riverside Methodist Hospital et al

Filing 8

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION [Doc. 4]. This action is hereby DISMISSED as frivolous under 28 U.S.C. §1915(e)(2). Signed by Judge Algenon L. Marbley on 3/4/2013. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Cardional Anna Vines Carter,
Plaintiff,
v.

:
:
:

Riverside Methodist Hospital,
et al.,

Case No. 2:12-cv-1152

:

JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

:
Defendants.
ORDER
This matter is before the Court on a notice of appeal filed by plaintiff Cardional Anna
Vines Carter. The Court will construe this notice of appeal as Ms. Carter’s objection to a Report
and Recommendation issued by the Magistrate Judge on December 19, 2012. The Court, having
reviewed the record de novo, finds for the reasons set out below that the objection to the Report
and Recommendation is without merit. For the following reasons, Petitioner's objection will be
OVERRULED and the Report and Recommendation will be ADOPTED in its entirety.
I.
When objections are received to a Magistrate Judge's Report and Recommendation on a
dispositive matter, the assigned District Judge "shall make a de novo determination ... of any
portion of the magistrate judge's disposition to which specific written objection has been made
...." Fed. R. Civ. P. 72(b). After review, the District Judge "may accept, reject, or modify the
recommended decision, receive further evidence, or recommit the matter to the magistrate judge
with instructions." Id.; see also 28 U.S.C. §636(b)(1)(B). General objections are insufficient to
preserve any issues for review; "[a] general objection to the entirety of the magistrate's report has
the same effects as would a failure to object." Howard v. Secretary of Health and Human
Services, 932 F.2d 505, 509 (6th Cir. 1991).
II.
In the Report and Recommendation, the Magistrate Judge recommended that this case be
dismissed as frivolous under 28 U.S.C. §1915(e)(2) because of the complaint’s failure to address

the basis of this Court’s jurisdiction. The Magistrate Judge concluded that no federal-law based
claim was alleged in the complaint and that no basis for diversity jurisdiction existed. Ms.
Carter’s notice of appeal contains no basis for concluding that the Magistrate Judge erred in
reaching these conclusions. Consequently, the Report and Recommendation will be adopted and
affirmed.
III.
For the foregoing reasons, plaintiff’s notice of appeal (#6 ), construed as an objection is
OVERRULED. The Report and Recommendation (#4) is ADOPTED and AFFIRMED. This
action is hereby DISMISSED as frivolous under 28 U.S.C. §1915(e)(2).
IT IS SO ORDERED.

s/Algenon L. Marbley
Algenon L. Marbley
United States District Judge

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