Kevin Leroy Parrish v. Dennis Fabbro/Scholastic Book Fairs Inc.

Summary

The United States District Court for the Southern District of Ohio adopted a magistrate judge’s Report and Recommendation and dismissed Kevin Leroy Parrish’s action with prejudice for failure to state a claim. The court concluded that it lacked subject-matter jurisdiction over claims arising from Ohio unemployment proceedings and that the plaintiff had not adequately pleaded a wrongful-termination claim. The court also denied leave to appeal in forma pauperis and ordered the matter closed.

Holdings

1. A district judge must conduct de novo review of those portions of a magistrate judge's dispositive recommendation to which specific objections are properly made; vague, general, or conclusory objections do not satisfy the objection requirement.
2. When a state provides appellate review of a state administrative agency's decision, a federal district court lacks both original jurisdiction and removal jurisdiction over proceedings seeking review of that decision.
3. The plaintiff failed to state a wrongful-termination claim because he did not allege facts supporting any recognized legal theory for such a claim.

Questions Presented

1. Whether the plaintiff's objections to the Magistrate Judge's Report and Recommendation required de novo review or warranted rejection of the recommendation.
2. Whether a federal district court has jurisdiction to review an adverse decision of the Ohio Unemployment Compensation Review Commission.
3. Whether the plaintiff alleged sufficient facts to state a wrongful-termination claim.

Disposition

dismissed