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.)

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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 2

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