Smith v. St Francis Hospital et al

Filing 79

ORDER Adopting 67 Report and Recommendation GRANTING Defendant Marcavage's 23 Motion to Dismiss. Signed by Honorable Timothy M Cain on 7/31/13. (kmca)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
MaKesha Michelle Smith,

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Plaintiff,
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v.
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St. Francis Hospital, Anthony J. Marcavage, )
JoAnn Taylor, Shauna Green,
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Defendants.
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)

Civil Action No. 6:12-2533-TMC-JDA
OPINION & ORDER

The plaintiff, MaKesha Michelle Smith (“Smith”), proceeding pro se, brought this action
against the defendants alleging job discrimination. (ECF No. 1.) Specifically, Smith alleges that
she was improperly terminated while on leave under the Family Medical Leave Act due to
serious health conditions. The defendant, Anthony J. Marcavage (“Marcavage”), has filed a
motion to dismiss. (ECF No. 23).
Pursuant to 28 U.S.C. § 636(b) and District of South Carolina Local Civil Rule
73.02(B)(2), this case was referred to a magistrate judge for all pre-trial proceedings. This
matter is now before this court on the magistrate judge’s Report and Recommendation
(“Report”), recommending that the court grant the motion to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(6) because Smith’s complaint failed to state a claim against Marcavage.
(ECF No. 67.)
Smith was advised of her right to file objections to the Report. (ECF No. 67-1). On July
29, 2013, Smith filed a document entitled “Answers to the Recommendation of Magistrate
Judge” (ECF No. 76), which states, in part: “I respectfully agree with you Your Honor by
dismissing the case against Anthony J. Marcarvage because I wrongfully included him in the

case”. Smith’s response further states: “I am not stating a claim against Marcavage under the
FMLA ….” (ECF No. 76 at 8). Defendants, St. Francis Hospital, JoAnn Taylor and Shuana
Green, filed a response to Plaintiff’s Answer. (ECF No. 78).
In light of Smith’s statements and the Report’s apt analysis, and after a thorough review
of the record in this case, the court adopts the Report and incorporates it herein. Therefore, the
court grants Marcavage’s motion to dismiss (ECF No. 23).
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
Anderson, South Carolina
July 31, 2013