Bank of America, N.A. v. Smith et al
| Bank of America, N.A. |
| Demetrious Smith, Amy K. Smith, Springleaf Financial Services of Ohio, Inc., City of Cincinnati and State of Ohio Department of Taxation |
| 1:2016cv01156 |
| December 19, 2016 |
| U.S. District Court for the Southern District of Ohio |
| Cincinnati Office |
| XX US, Outside State |
| Stephanie K. Bowman |
| Susan J. Dlott |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
33
ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS: Accordingly, defendants motions for leave to proceed in forma pauperis on appeal(Docs. 19 and 20) are DENIED. Defendants miscellaneous motion or petition for review (Doc. 23) is DENIED. To the exten t the Amended Certificate of Service (Doc. 25) is intended to be construed as a motion to amend a prior filing it also is DENIED. Based upon defendants contumacious conduct in continuing to clog the docket of this case with frivolous motions and petitions filed after remand, the Court instructs the Clerk of Court to refuse any further filings in the above - captioned case, with the sole exception of any timely permissible objections to the Report and Recommendation. If other petitions or motions are inadvertently accepted by the Clerk and filed in this case, they will be summarily denied and or stricken from the record. Finally, defendants will be and are warned in the strongest possible terms that they may be subjected to future non-monetary sanctions, as well as additional monetary sanctions, if they continue vexatious filings in this federal court in any other case. Signed by Judge Susan J. Dlott on 9/8/2017. (jlw)(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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Filing
17
ORDER ADOPTING 9 and 16 REPORT AND RECOMMENDATIONS: it is ORDERED that the Report and Recommendation filed on December22, 2016 (Doc. 9) shall stand with the exception that the motion to remand by Bank of America is GRANTED as an alternative basi s for remand. it is ORDERED that the Report and Recommendation filed on December 22, 2016 (Doc. 9) shall stand with the exception that the motion to remand by Bank of America is GRANTED as an alternative basis for remand. The Court requires defendan ts to pay the amount of $400.00 to the Clerk of Court as a sanction for filing a wholly frivolous petition for removal of this case. The motion for waiver of pacer fees by defendants (Doc. 16) is hereby DENIED as moot. Signed by Judge Susan J. Dlott on 4/21/2017. (jlw)(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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