Easterling v. State of Ohio
Plaintiff: Warren Easterling
Defendant: State of Ohio
Case Number: 3:2013cv00024
Filed: January 25, 2013
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Timothy S. Black
Presiding Judge: Michael R Merz
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1981 Civil Rights
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 24, 2019 Opinion or Order Filing 62 ORDER adopting Report and Recommendations re 57 Report and Recommendations. Signed by Judge Timothy S. Black on 1/24/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 22, 2018 Opinion or Order Filing 57 REPORT AND RECOMMENDATIONS - It is respectfully recommended that Plaintiff's Motion for Relief of Judgment (ECF No. 53) and his Motion for Recusal of District Judge Black (ECF No. 54) be DENIED. Objections to R&R due by 11/5/2018. Signed by Magistrate Judge Michael R. Merz on 10/22/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 28, 2015 Opinion or Order Filing 52 DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 50 ). Signed by Judge Timothy S. Black on 7/28/2015. (mr)
July 20, 2015 Opinion or Order Filing 50 REPORT AND RECOMMENDATIONS re 49 MOTION filed by Warren Easterling - Any Rule 60(b) motion relying on pre-existing law and filed twenty-two months after judgment is untimely and Easterlings Motion should be denied on that basis Objections to R&R due by 8/6/2015. Signed by Magistrate Judge Michael R. Merz on 7/18/15. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 18, 2013 Opinion or Order Filing 46 DECISION AND ENTRY: (1) ADOPTING THE REPORTS AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Docs. 41 , 44 ); (2) STRIKING PETITIONERS OBJECTIONS (Doc. 39 ) AS UNTIMELY; (3) OVERRULING PETITIONERS OBJECTIONS REGARDING HIS REQUEST FOR LEAVE TO APPEAL IN FORMA PAUPERIS (Doc. 45 ); (4) DENYING PETITONERS MOTION TO AMEND (Doc. 40 ) AS MOOT; AND (5) DENYING PETITIONERS MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (Doc. 42 ). Signed by Judge Timothy S. Black on 10/18/2013. (mr1)
September 24, 2013 Opinion or Order Filing 44 REPORT AND RECOMMENDATIONS ON MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL - It is respectfully recommended that the Motion for Leave to Appeal in forma pauperis be denied. Objections to R&R due by 10/11/2013. Signed by Magistrate Judge Michael R Merz on 9/24/2013. (kpf1)
September 9, 2013 Opinion or Order Filing 41 REPORT AND RECOMMENDATIONS ON POST-JUDGMENT FILINGS - It is accordingly recommended that the Objections be STRICKEN as untimely and the Motion to Amend (Doc. No. 40) denied as MOOT. Objections to R&R due by 9/26/2013. Signed by Magistrate Judge Michael R Merz on 9/9/2013. (kpf1)
September 4, 2013 Opinion or Order Filing 38 CLERK'S JUDGMENT AFFIRMING DECISION AND ENTRY 37 . (mr1)
August 16, 2013 Opinion or Order Filing 36 REPORT AND RECOMMENDATIONS - The Amended Complaint in this case fails to state a claim upon which relief can be granted. It should therefore be dismissed. Because no amendment to add new facts would make Petitioners constitutional facial challenge to the Statute any stronger, the dismissal should be with prejudice. Because he cannot prevail on the merits, Easterlings Motion for Preliminary Injunction should be denied. Objections to R&R due by 9/3/2013. Signed by Magistrate Judge Michael R Merz on 8/16/2013. (kpf1)
July 25, 2013 Opinion or Order Filing 33 ORDER TO PRO SE PLAINTIFF UPON FILING OF MOTION TO DISMISS OR MOTION FOR SUMMARY JUDGMENT. Signed by Magistrate Judge Michael R Merz on 07/25/13. (pb1)
July 8, 2013 Opinion or Order Filing 29 DECISION AND ORDER- Petitioner's Motion to Amend (Doc. No. 26) is GRANTED. Accordingly, Ohio Attorney General Mike Dewine is hereby substituted as the sole Respondent in this case. In addition, Petitioner shall file and serve theAmended Complaint forthwith. Respondent shall respond to the Amended Complaint within the time allowed by Fed. R. Civ. P. 15(a)(3). Signed by Magistrate Judge Michael R Merz on 7-8-2013. (kpf1)
June 13, 2013 Opinion or Order Filing 28 RECOMMITTAL ORDER. Signed by Judge Timothy S. Black on 6/13/2013. (mr1)
May 6, 2013 Opinion or Order Filing 25 ORDER STRIKING 24 AMENDED MOTION FOR PRELIMINARY INJUNCTION. Signed by Magistrate Judge Michael R Merz on 5/6/13. (kje1)
April 17, 2013 Opinion or Order Filing 19 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - re 15 - Having reconsidered the Original Report in the light of Mr. Easterling's Objections, the Magistrate Judge again concludes district court jurisdiction of this case is precluded by the Rooker-Fel dman Doctrine and by Ohio's immunity from suit in federal court under the Eleventh Amendment. It is therefore again respectfully recommended that this case be dismissed without prejudice for lack of subject matter jurisdiction. Objections to R&R due by 5/6/2013. Signed by Magistrate Judge Michael R Merz on 4/17/13. (kje1)
April 15, 2013 Opinion or Order Filing 18 RECOMMITAL ORDER. Signed by Judge Timothy S. Black on 4/15/2013. (mr1)
March 22, 2013 Opinion or Order Filing 15 REPORT AND RECOMMENDATIONS - re 12 - It is therefore respectfully recommended that this case be dismissed without prejudice for lack of subject matter jurisdiction. Objections to R&R due by 4/8/2013. Signed by Magistrate Judge Michael R Merz on 3/22/13. (kje1)
March 12, 2013 Opinion or Order Filing 13 ORDER TO PRO SE PETITIONER UPON FILING OF MOTION TO DISMISS OR MOTION FOR SUMMARY JUDGMENT re 12 . Under the rules of this Court(S.D. Ohio L.R. 7.2) you are allowed twenty-one days from the date of service (March 11, 2013) within which to file a response to the motion, plus an extra three days because of the way the motion was sent to you. Your response must be filed with the Court not later than April 4, 2013. Signed by Magistrate Judge Michael R Merz on 03/11/13. (pb1)
February 28, 2013 Opinion or Order Filing 11 ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 5 ); (2) OVERRULING PLAINTIFF'S OBJECTIONS (Doc. 6 ); AND (3) DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER (Doc. 4 ). Signed by Judge Timothy S. Black on 2/28/2013. (mr1)
February 12, 2013 Opinion or Order Filing 7 ORDER TO PETITIONER. It is accordingly ORDERED that Petitioner cause process to issue in this case and be served upon the State of Ohio forthwith. If Petitioner has failed to cause the issuance of process by February 22, 2013, the Magistrate Judge will recommend dismissal of this action for want ofprosecution. Petitioner is also cautioned that further failure to proceed properly may result in denial of in forma pauperis status.Signed by Magistrate Judge Michael R Merz on 2/12/13. (kje1)
January 29, 2013 Opinion or Order Filing 5 REPORT AND RECOMMENDATIONS - re 4 - The motion for temporary restraining order should therefore be denied. Objections to R&R due by 2/15/2013. Signed by Magistrate Judge Michael R Merz on 1/29/13. (kje1)
January 28, 2013 Opinion or Order Filing 3 ORDER TRANSFERRING REFERENCE. The referral of the above-captioned matter is hereby transferred from Chief Magistrate Judge Sharon L. Ovington to the docket Magistrate Judge Michael R. Merz. Signed by Magistrate Chief Judge Sharon L Ovington and Magistrate Judge Michael R. Merz on 1/28/13. (kje1)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Easterling v. State of Ohio
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Warren Easterling
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: State of Ohio
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?