Bradford v. Miller et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 7/1/14. (lvw1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

GLORIA JEAN BRADFORD,
Plaintiff,
vs.

Case No.: 2:14-cv-542
JUDGE SMITH
Magistrate Judge Deavers

CAROLE ANN MILLER, M.D., et al.,
Defendants.

ORDER
On June 13, 2014, the United States Magistrate Judge issued an Order and Initial Screen
Report and Recommendation recommending that Plaintiff’s request to proceed in forma pauperis
be granted, but that Plaintiff’s Complaint be dismissed for failure to state a claim over which this
Court has subject matter jurisdiction. (See Doc. 3). The parties were advised of their right to
object to the Report and Recommendation. This matter is now before the Court on Plaintiff
Gloria Bradford’s Objections to the Report and Recommendation. (See Doc. 4). The Court will
consider the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
The objections present the same issues presented to and considered by the Magistrate
Judge in the Report and Recommendation. Plaintiff has failed to allege claims that provide a
basis for federal jurisdiction. However, the Magistrate Judge correctly held that dismissal of
these claims in this Court does not preclude filing in state court.
For the reasons stated in the Report and Recommendation, this Court finds that Plaintiff’s
objections are without merit and are hereby OVERRULED.

The Report and Recommendation, Document 3, is ADOPTED and AFFIRMED.
Plaintiffs’ Complaint is hereby dismissed pursuant to 28 U.S.C. § 1915€(2)(B)(ii) and Federal
Rule of Civil Procedure 12(h)(3) without prejudice to filing in state court.
The Clerk shall remove Documents 3 and 4 from the Court’s pending motions list. The
Clerk shall terminate this case.

IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

2