Boggs v. Annette's Dari Barn, Inc. et al

Filing 7

OPINION and ORDER Overruling 6 Objections and Accepting 5 Report and Recommendation. Signed by Judge James P. Jones on 7/14/15. (flc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
BIG STONE GAP DIVISION
CHRISTINE A. BOGGS,

)
)
Plaintiff,
)
)
v.
)
)
ANNETTE’S DARI BARN, INC., ET AL., )
)
Defendants.
)

Case No. 2:15CV00009
OPINION AND ORDER
By: James P. Jones
United States District Judge

Christine A. Boggs, Pro Se Plaintiff.

The pro se plaintiff has objected to the Report and Recommendation of the
magistrate judge filed on June 23, 2015, in which the magistrate judge
recommended that the plaintiff’s case be dismissed without prejudice for failure to
state a claim upon which relief can be granted in that the plaintiff admits that her
employer did not qualify under the federal Family and Medical Leave Act, 29
U.S.C. § 2611(4).

The plaintiff does not dispute the legal correctness of this

recommendation, but requests the court to hear her case despite the “loophole” in
the law.
Unfortunately, the court does not have the power to disregard the plain
requirement of the law written by Congress that limits the Family and Medical
Leave Act to large employers. Accordingly, following a de novo review of the

matter objected to, the court finds that the magistrate judge’s recommendation
must be adopted. It is accordingly ORDERED that the plaintiff’s objection (ECF
No. 6) is OVERRULED and the Report and Recommendation (ECF No. 5) is
hereby ACCEPTED. A separate final order will be entered herewith.

DATED: July 14, 2015
/s/ James P. Jones
United States District Judge

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