Reitz v. McKay et al, No. 2:2014cv00974 - Document 12 (S.D. Ohio 2014)

Court Description: OPINION and ORDER adopting 8 the Report and Recommendation. Signed by Judge Michael H. Watson on 12/1/14. (jk1) (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.)

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Reitz v. McKay et al Doc. 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Willis Reitz, Plaintiff, v. Case No. 2:14-cv-974 W. Wyatt McKay, eta/., Judge Michael H. Watson Defendants. OPINION AND ORDER Magistrate Judge Deavers issued a Report and Recommendation ("R&R") on October 28, 2014, recommending the Court dismiss Plaintiff's pro se 42 U.S.C. § 1985 suit pursuant to 28 U.S.C. § 1915(e)(2) for failure to state a claim upon which relief can be granted. R&R, ECF No. 8. Plaintiff objects to the R&R. Obj., ECF No. 11. For the following reasons, the Court OVERRULES Plaintiff's objections, ADOPTS the R&R, and DISMISSES the case. Magistrate Judge Deavers concluded that Plaintiff's claim was barred by Heck v. Humphrey, 512 U.S. 477 (1994) and by the applicable statute of limitations. R&R 5, ECF No. 8. The R&R advised the parties of their right to file objections, noting any objection must specifically designate the R&R "and the part in question, as well as the basis for objection." /d. at 6. In his objections, Plaintiff simply reiterates that his conviction was the result of a conspiracy. He does not address the portion of the R&R with which he Dockets.Justia.com objects or the legal basis for his objection. Plaintiff's "objection" cannot be construed as anything other than a general objection, which does not suffice to preserve issues for appeal. See Howard v. Sec. of Health and Human Servs., 932 F.2d 505, 508-09 (6th Cir. 1991 ). Because Plaintiff does not contest that his case is barred by Heck or the applicable statute of limitations, the Court declines to conduct a de novo review of the R&R, OVERRULES Plaintiff's objections, ADOPTS the R&R, and DISMISSES the case for failure to state a claim. IT IS SO ORDERED. MrHAELH:WSoN, JUDGE UNITED STATES DISTRICT COURT

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