Carter v. Clerk of Court of Columbus Franklin et al

Filing 4

ORDER adopting Report and Recommendations re 2 Report and Recommendations.. Signed by Judge James L Graham on 12/17/14. (ds)(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.)

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

Case No. 2:14-cv-2344

Clerk of Court, et al.,
Defendants.
ORDER
This matter is before the court for consideration of the
magistrate judge’s report and recommendation filed on November 25,
2014.

As the magistrate judge correctly explained, 28 U.S.C.

§1915(e) requires sua sponte dismissal of an action upon the
court’s determination that the action is frivolous or malicious, or
fails to state a claim upon which relief may be granted.
v. Knight, 532 F.3d 567, 572 (6th Cir. 2008).
initial

screens

standard.

under

§1915(e)

apply

the

Grinter

Courts conducting
motion

to

dismiss

See, e.g., Hill v. Lappin, 630 F.3d 468, 470–71 (6th

Cir. 2010) (applying Fed. R. Civ. P. 12(b)(6) standards to review
under 28 U.S.C. §§1915A and 1915(e)(2)(B)(ii)).

The magistrate

judge conducted an initial screen of plaintiff’s complaint as
required by 28 U.S.C. §1915(e)(2). The magistrate judge noted that
the complaint is “essentially incomprehensible.”

Doc. 2, p. 2.

The magistrate judge recommended that plaintiff’s complaint be
dismissed because it fails to provide a basis for jurisdiction in
this court, to allege a short and plain statement of a claim, or to
allege any facts which might plausibly state a claim under federal
or state law.

Doc. 2, pp. 2-3.

The report and recommendation specifically advised the parties

that any objections to the report and recommendation were due
within fourteen days.

Doc. 2, p. 3.

The parties were also advised

that the failure to object to the report and recommendation “will
result in a waiver of the right to have the district judge review
the Report and Recommendation de novo, and also operates as a
waiver of the right to appeal the decision of the District Court
adopting the Report and Recommendation.” Doc. 2, p. 4. Objections
to the report and recommendation were due by December 12, 2014, and
no timely objections were filed.

The court adopts the report and

recommendation (Doc. 2), and the original complaint is hereby
dismissed as frivolous.
The court notes that on December 16, 2014, after the deadline
for filing objections to the report and recommendation had passed,
plaintiff filed an amended complaint (Doc. 3).

This amended

complaint names new parties as defendants who were not named in the
original complaint, including “COTA Bus - (Holy Cross) St. Meached”
and “Gover Kasece” (presumably Governor Kasich).

This amended

complaint is also frivolous and incomprehensible, as it fails to
provide a basis for jurisdiction, to allege a short and plain
statement of a claim, or to allege any facts which might plausibly
state a claim under federal or state law. The amended complaint is
also dismissed.

Accordingly, this case is hereby dismissed as

frivolous pursuant to 28 U.S.C. §1915(e)(2)(B)(ii).

Date: December 17, 2014

s/James L. Graham
James L. Graham
United States District Judge

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