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MENA v. PETSMART, INC.

United States District Court, S.D. Ohio, Eastern Division
Oct 9, 2009
Civil Action 2:09-cv-484 (S.D. Ohio Oct. 9, 2009)

Opinion

Civil Action 2:09-cv-484.

October 9, 2009


ORDER


Plaintiff Elena Yris Rosario Mena filed this action on June 15, 2009, alleging that, while working for Defendant, she was struck by a falling box and injured. In her complaint, she sought the payment of disability benefits resulting from this workplace accident. On July 16, 2009, the Magistrate Judge issued an initial screening report and recommendation, in which he found that, as Plaintiff did not allege that her injury was intentionally inflicted by her employer, the only way for her to seek compensation for her injury would be through filing a claim with the Ohio Bureau of Workers' Compensation. The Magistrate Judge therefore recommended that this case be dismissed, as Plaintiff's claims are barred as a matter of law.

Plaintiff did not file any objections to the Report and Recommendation. Given Plaintiff's lack of objection, and on de novo review as required by 28 U.S.C. § 636(b), I find the report and recommendation well taken. Accordingly, it (Doc. 6) is ADOPTED. This action is hereby DISMISSED. The Clerk of Court is DIRECTED to terminate Doc. 2 and to close this case.


Summaries of

MENA v. PETSMART, INC.

United States District Court, S.D. Ohio, Eastern Division
Oct 9, 2009
Civil Action 2:09-cv-484 (S.D. Ohio Oct. 9, 2009)
Case details for

MENA v. PETSMART, INC.

Case Details

Full title:ELENA YRIS ROSARIO MENA, Plaintiff v. PETSMART, INC., Defendant

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Oct 9, 2009

Citations

Civil Action 2:09-cv-484 (S.D. Ohio Oct. 9, 2009)