Smith v. Ferrero et al
| Jamel A. Smith |
| John D. Ferrero, Tammi R. Johnson, John Does, Jane Does, Judges of the Stark County Court of Common Pleas, Judges of the Canton Municipal Court, Mike DeWine, City of Canton, Sara Lioi and Stark County |
| 5:2017cv00150 |
| January 20, 2017 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Stark |
| Benita Y. Pearson |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
36
Memorandum of Opinion and Order For the reasons set forth herein, Defendants' Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (ECFNos. 18 , 23 , and 25 ) are granted. The Canton Judges' Motion for Judgment on the Pleadin gs pursuant to Fed. R. Civ. P. 12(c) (ECF No. 28 ) is also granted. Plaintiff's Motion for Default Judgment (ECF No. 29 ) is denied. The [Second] Amended Complaint (ECF No. 35 ) is stricken from the file pursuant to Fed. R. Civ. P. 12(f) beca use Plaintiff did not obtain leave of court or Defendants' written permission to file his amended pleading as required by Fed. R. Civ. P. 15(a)(2). Additionally, the Court finds the granting of leave to file the [Second] Amended Complaint (ECF N o. 35 ) would be futile. Plaintiff's Motions [for Permission to Register and File Documents Electronically] (ECF No. 7 ) and for Discovery (ECF No. 21 ) are denied as moot. This action is dismissed. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 6/12/2017. (JLG)
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