Opinion
Case No. 2:14-cv-974
12-01-2014
Willis Reitz, Plaintiff, v. W. Wyatt McKay, et al., 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." Id. 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 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.
/s/_________
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT