Allen v. Nationwide Mutual Insurance et al

Filing 12

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION #3 in that Plaintiff's Complaint is DISMISSED. Signed by Judge George C. Smith on 5/9/17. (sem)(This document has been sent 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
JOHN DALE ALLEN,
Plaintiff,
vs.

Case No.: 2:16-cv-1178
JUDGE GEORGE C. SMITH
Magistrate Judge Deavers

NATIONWIDE MUTUAL INSURANCE, et al.,
Defendants.

ORDER
On January 10, 2017, the United States Magistrate Judge issued an Order and Report and
Recommendation recommending that Plaintiff’s Motion for Leave to Proceed In Forma Pauperis
be granted and that Plaintiff’s Complaint against Defendants Nationwide Mutual Insurance and
J.P. Morgan Chase & Co. be dismissed for failure to state a claim upon which relief can be
granted. (See Order and Report and Recommendation, Doc. 3). The parties were advised of
their right to object to the Order and Report and Recommendation. This matter is now before
the Court on Plaintiff’s Objections to the Order and Report and Recommendation. (See Doc. 4).
Defendants Nationwide Mutual Insurance and J.P. Morgan Chase have both responded in
opposition to the objections and Plaintiff has replied. The Court will consider the matter de
novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
Plaintiff merely asserts in his objection to the Report and Recommendation that he has
sufficiently complied with Rule 8(a) of the Federal Rules of Civil Procedure and that the
violations of the Stored Communications Act (“SCA”) can be obtained through the discovery

process. (Doc. 4, Pl.’s Obj. at 1). Plaintiff’s objections merely present the same issues presented
to and considered by the Magistrate Judge in the Order and Report and Recommendation. These
general objections are not sufficient to preserve any issues for reviews, and “[a] general
objection to the entirety of the magistrate’s report has the same effects as would a failure to
objection.” Howard v. Sec’y of H.H.S., 932 F.2d 505, 509 (6th Cir. 1991). Further, Plaintiff’s
argument that he can establish the claims in his complaint after discovery fails to comply with
Rule 8(a)(2) which requires a plaintiff to provide a “short and plain statement of the claim
showing the pleader is entitled to relief.” Plaintiff purports to bring a claim under the SCA,
which prohibits electronic communication service companies from wrongfully disclosing
electronically stored information, but has not alleged any facts supporting such a claim.
Therefore, for the reasons stated in detail in the Order and Report and Recommendation, this
Court finds that Plaintiff’s Objections are without merit and are hereby OVERRULED.
The Order and Report and Recommendation, Document 3, is hereby ADOPTED and
AFFIRMED. Plaintiff’s Complaint is hereby dismissed.
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

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