Ealy v. Diorio et al
| Larry E Ealy |
| Steve Diorio, Rhine McLin and John Danish |
| 3:2009cv00052 |
| February 9, 2009 |
| US District Court for the Southern District of Ohio |
| Civil Rights: Other Office |
| MONTGOMERY |
| Michael R Merz |
| Walter H Rice |
| None |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
10
REPORT AND RECOMMENDATIONS - Because the Notice of Appeal does not confer jurisdiction on the Court of Appeals, the appeal is frivolous and the Motion to Proceed on Appeal in forma pauperis should therefore be denied and the Court should certify that the appeal is frivolous. Objections to R&R due by 6/15/2009. Signed by Magistrate Judge Michael R Merz on 5/27/2009. (kopf1, )
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Filing
6
JUDGMENT that Plaintiff Larry E. Ealy take nothing and that Planitiff's defamation claim be and hereby is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED UNDER FEDERAL LAW. Plaintiff's claim relating to his being barred from City Hall be and hereby is DISMISSED WITH PREJUDICE AS BARRED BY STATUTE OF LIMITATIONS. Notice of Disposal attached. Signed on 3/3/2009. (sc1, )
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Filing
3
REPORT AND RECOMMENDATIONS; ORDER TO THE CLERK - It is recommended that Plaintiff's defamation claim should be dismissed without prejudice for failure to state a claim upon which relief can be granted under federal law. Plaintiff's claim re lating to the barring from City Hall should be dismissed with prejudice as barred by the statute of limitations. The Clerk is ORDERED not to issue process in this case pending further order. Objections to R&R due by 3/2/2009. Signed by Magistrate Judge Michael R Merz on 2/10/2009. (kopf1, )
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