Foster v. Ohio State of
Plaintiff: Christopher Foster
Defendant: Ohio State of
Case Number: 1:2016cv00920
Filed: September 13, 2016
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: SCIOTO
Presiding Judge: Timothy S. Black
Presiding Judge: Stephanie K. Bowman
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
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Date Filed Document Text
April 3, 2019 Opinion or Order Filing 136 DECISION AND ENTRY Adopting the Report and Recommendation of the United States Magistrate Judge 133 . Signed by Judge Timothy S. Black on 4/3/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 26, 2019 Opinion or Order Filing 133 REPORT AND RECOMMENDATIONS re 130 Plaintiff's Motion Under the 1st Step Act, 132 Plaintiff's Motion to Amend 128 Order Adopting Report and Recommendations. IT IS RECOMMENDED THAT: (1) Plaintiff's two post-judgment motions [130 ] 132 should be DENIED; (2) In the interests of judicial economy and because his post-judgment filings in this case are repetitious, frivolous, and vexatious, the Court should enter an Order precluding Plaintiff from filing any further post-judgme nt motions in this case. Such an order should not preclude the filing of Objections to this Report and Recommendation, but would authorize summary denial of any extraneous post-judgment motions without the need for additional Reports and Recommendati ons in this closed case; (3) To the extent Plaintiff's request for a certificate of appealability is construed as an additional motion seeking leave to proceed in forma paupers on appeal, it should be DENIED. Instead, for the reasons discussed a bove this Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that for the reasons stated an appeal of any Order adopting this Report and Recommendation would not be taken in good faith. Objections to R&R due by 3/12/2019. Signed by Magistrate Judge Stephanie K. Bowman on 2/26/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 16, 2019 Opinion or Order Filing 128 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Timothy S. Black on 1/15/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 21, 2018 Opinion or Order Filing 126 REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT: (1) Defendants' Motion for Summary Judgment 113 should be GRANTED, with all remaining claims to be dismissed, and this case to be closed; (2) Plaintiff's (third) Motion for Summary Judg ment 108 should be DENIED; (3) Following the entry of judgment in favor of the Defendants, this case should be CLOSED; (4) Consistent with this Report and Recommendation, Plaintiff's motion to strike the Defendants' Notice and/or motion t o strike the video exhibit submitted in support of Defendants' motion for summary judgment 120 should be DENIED. Objections to R&R due by 1/4/2019. Signed by Magistrate Judge Stephanie K. Bowman on 12/21/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 12, 2018 Opinion or Order Filing 112 REPORT AND RECOMMENDATIONS - (1) The Court should dismiss all claims against Officer Rardin, Officer Neff, Officer Parish, John Doe Officer, Steven Workman, Dr. Ahmed Fiscal, and Warden Erdos consistent with prior R&Rs and Orders; (2) Plaintiff' s motion for sanctions 102 should be DENIED; (3) Plaintiff's motion to reverse Order and/or for Summary Judgment 104 should be DENIED; (4) Plaintiff's motion trumping penological interests, et. al., 105 should be DENIED; (5) A ruling on Plaintiff's most recent Motion for Summary Judgment 108 should be stayed pending the completion of briefing on Defendants' anticipated counter-motion, if that motion is timely filed on or before 9/17/2018. Objections to R&R due by 9/26/2018. Signed by Magistrate Judge Stephanie K. Bowman on 9/12/2018. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 18, 2018 Opinion or Order Filing 101 DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 98 ). Signed by Judge Timothy S. Black on 5/18/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 28, 2018 Opinion or Order Filing 99 MEMORANDUM OPINION AND ORDER denying as moot 84 Defendants' Motion to Stay and 87 Plaintiff's Counter-Motion Opposing a Stay, but the period for pretrial discovery on the limited two remaining claims against Defendants Bear and Dyer, as to which the undersigned has not recommended that judgment be granted, it is hereby EXTENDED to 5/15/2018, with any dispositive motions to be filed not later than 9/15/2018. All other non-dispositive motions filed by Plaintiff 88 92 93 95 97 are DENIED. Signed by Magistrate Judge Stephanie K. Bowman on 3/28/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 6, 2017 Opinion or Order Filing 81 DECISION AND ENTRY ADOPTING 78 REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's motion for preliminary injunction and a temporary restraining order 58 is DENIED. Plaintiff's application for entry of default, and motion for default judgment against Dr. Ahmed 60 , 61 is DENIED. Plaintiff's multi-part motion to strike and to order the state to cease torture, etc. 68 is DENIED. Plaintiff's motion for preliminary injunction 74 is DENIED. Plaintiff's motion for judgment on the pleadings 76 is DENIED. Signed by Judge Timothy S. Black on 12/5/17. (gs) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 12, 2017 Opinion or Order Filing 65 OPINION AND ORDER - IT IS ORDERED THAT: (1) Plaintiff's motion to investigate 48 is DENIED; (2) The Court will take no further action on the document captioned as "Mandamus With Mittimus Necessity" 50 ; (3) Plaintiff's duplicat e motion to strike Answer and motion for relief from prior order by the undersigned magistrate judge 57 , to the extent construed as motions for reconsideration of prior rulings, is DENIED. However, to the extent that any portion of Document 57 may be construed as objections to the prior Order of the undersigned magistrate judge under Rule 72(a), the motion should be resubmitted as objections to the presiding district judge; (4) Plaintiff's motion for relief from Void Bias Judgment 59 li kewise is DENIED to the extent construed either as a motion for reconsideration of prior rulings or a motion seeking recusal of the undersigned magistrate judge. To the extent that the same motion may be construed as objections to a prior Order of th e undersigned magistrate judge, it should be resubmitted as objections to the presiding district judge; (5) Defendant's motion for leave to file Dr. Ahmed's Answer Instanter, and the joint motion of all Defendants for leave to file an Amend ed Answer 62 63 are GRANTED, with the Answers to be filed; (6) In light of paragraph 5 of this Order and the filing of Defendant Dr. Ahmed's Answer, Plaintiff's application for the ministerial entry of default by the Clerk of Court 60 shall be stayed; (7) Defendants shall file any response to Plaintiff's motion for preliminary injunction and temporary restraining order 58 by 9/18/2017, with Plaintiff to file any reply not later than 10/2/2017, following which the undersign ed shall issue a Report and Recommendation on all dispositive motions that are then pending and fully ripe, including but not limited to Plaintiff's motion for entry of default judgment against Defendant Dr. Ahmed. Signed by Magistrate Judge Stephanie K. Bowman on 9/12/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 16, 2017 Opinion or Order Filing 56 DECISION AND ENTRY ADOPTING 22 REPORT AND RECOMMENDATIONS. Defendant Southworth is DISMISSED from this case based upon his death in July 2015. Plaintiff's motion to dismiss the Defendant previously identified as John Doe (D oc. 24) is GRANTED. All of Plaintiff's motions seeking to amend the caption of the docket of this case, and/or for entry of default judgment or other substantive relief against any and all Defendants (Docs. 20, 22, 23, 35, 36, 38 & 39) are DENIED. Signed by Judge Timothy S. Black on 8/16/17. (sct) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 12, 2017 Opinion or Order Filing 42 ORDER denying Plaintiff's non-dispositive motions 14 15 16 17 33 . Signed by Magistrate Judge Stephanie K. Bowman on 6/12/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 18, 2017 Opinion or Order Filing 25 DECISION AND ENTRY ADOPTING 12 REPORT AND RECOMMENDATIONS. Accordingly, IT IS ORDERED that all of the claims contained in the complaint shall be dismissed excepting the following: (1) Eighth Amendment excessive force claims against defendants Rardi n, Southworth, Neff, Parish, John Doe, and Workman based on plaintiff's allegation that these officers attacked him upon his arrival to SOCF; (2) excessive force claim against Sgt. Bear based on the January 17, 2017 attack; (3) deliberate indif ference claim against Dr. Ahmed Fiscal; (4) conditions of confinement claims at SOCF, including plaintiff's claims regarding wheelchair accessibility, against defendants Warden Erdos, Dyer, and Bear. Signed by Judge Timothy S. Black on 4/18/17. (gs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 5, 2016 Opinion or Order Filing 9 DECISION AND ENTRY DECLINING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4 ) AND GRANTING PETITIONER'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (Doc. 5 ). Signed by Judge Timothy S. Black on 12/5/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Plaintiff: Christopher Foster
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Defendant: Ohio State of
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