Reitz v. McKay et al

Filing 12

OPINION and ORDER adopting 8 the Report and Recommendation. Signed by Judge Michael H. Watson on 12/1/14. (jk1) (This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Willis Reitz,
Plaintiff,

v.

Case No. 2:14-cv-974

W. Wyatt McKay, eta/.,

Judge Michael H. Watson

Defendants.
OPINION AND ORDER
Magistrate Judge Deavers issued a Report and Recommendation ("R&R")
on October 28, 2014, recommending the Court dismiss Plaintiff's pro se 42
U.S.C. § 1985 suit pursuant to 28 U.S.C. § 1915(e)(2) for failure to state a claim
upon which relief can be granted. R&R, ECF No. 8. Plaintiff objects to the R&R.
Obj., ECF No. 11. For the following reasons, the Court OVERRULES Plaintiff's
objections, ADOPTS the R&R, and DISMISSES the case.
Magistrate Judge Deavers concluded that Plaintiff's claim was barred by
Heck v. Humphrey, 512 U.S. 477 (1994) and by the applicable statute of
limitations. R&R 5, ECF No. 8.
The R&R advised the parties of their right to file objections, noting any
objection must specifically designate the R&R "and the part in question, as well
as the basis for objection." /d. at 6.
In his objections, Plaintiff simply reiterates that his conviction was the
result of a conspiracy. He does not address the portion of the R&R with which he

objects or the legal basis for his objection. Plaintiff's "objection" cannot be
construed as anything other than a general objection, which does not suffice to
preserve issues for appeal. See Howard v. Sec. of Health and Human Servs.,
932 F.2d 505, 508-09 (6th Cir. 1991 ). Because Plaintiff does not contest that
his case is barred by Heck or the applicable statute of limitations, the Court
declines to conduct a de novo review of the R&R, OVERRULES Plaintiff's
objections, ADOPTS the R&R, and DISMISSES the case for failure to state a
claim.
IT IS SO ORDERED.

MrHAELH:WSoN, JUDGE
UNITED STATES DISTRICT COURT