Jarred J. Ford v. Nash County General Hospital, Inc. et al.

Summary

The United States District Court for the Eastern District of North Carolina adopted a magistrate judge’s recommendation concerning subject-matter jurisdiction over state medical malpractice claims. Because the plaintiff failed to allege that the amount in controversy exceeded $75,000, the court dismissed the amended complaint without prejudice and directed the clerk to close the case.

Holdings

1. The court held that independent diversity jurisdiction was not established because Plaintiff failed to allege that the amount in controversy exceeded $75,000, and therefore dismissed the complaint for lack of subject-matter jurisdiction.
2. The court held that, absent a specific and timely objection, it was required to review the recommendation for clear error and, finding none, adopted the recommendation as its own.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation that independent diversity jurisdiction was lacking because Plaintiff failed to allege an amount in controversy exceeding $75,000.
2. What standard of review applies to the magistrate judge's Memorandum and Recommendation in the absence of a specific and timely objection.

Disposition

dismissed