Hobbs v. Faulkner et al
| Ryan D. Hobbs |
| Derek Faulkner, Mel Planas, Jeff Burson, Paul Lindenschmidt, Michael O'Downey, Mike Bunner, Don Stebastenelli and Ron Ruppert |
| 1:2017cv00441 |
| June 27, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| WARREN |
| Michael R. Barrett |
| Stephanie K. Bowman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
169
ORDER adopting Report and Recommendation re 144 Report and Recommendation denying 142 Motion for Sanctions; this matter shall remain closed and terminated from the active docket of this Court. Signed by Judge Michael R. Barrett on 2/22/21. (ba)(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
160
DECISION AND ORDER DENYING SECOND MOTION TO DISCLOSE ORDER 159 . Signed by Magistrate Judge Michael R. Merz on 8/25/2020. (kpf)(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
154
ORDER adopting Report and Recommendation re 153 Report and Recommendation denying 149 Motion to Enjoin Defendants from Further Illegal Activity while on Appeal. Signed by Judge Michael R. Barrett on 6/22/20. (ba)(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
153
REPORT AND RECOMMENDATIONS - Because this issue is at the heart of the pending appeal and is not an ancillary sanctions matter as Plaintiff asserts, this Court has no jurisdiction to entertain the Motion while the appeal is pending. On that basis, th e Motion 149 should be denied. Objections to R&R due by 6/19/2020. Signed by Magistrate Judge Michael R. Merz on 6/5/2020. (kpf)(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
144
REPORT AND RECOMMENDATIONS ON MOTION FOR SANCTIONS- Judge Barrett entered final judgment in this case on March 29, 2019, and Plaintiff appealed (ECF Nos. 75 , 76 , 77 ). That appeal remains pending before the Sixth Circuit in its Case No. 19-3303. Absent a reversal and remand from the circuit court, this Courts judgment remains final. Plaintiff erroneously argues the dismissal was without prejudice (Motion, ECF No. 142 , PageID 2057). In fact, both Magistrate Judge Reports and Recommendation s adopted by Judge Barrett recommended dismissal with prejudice. But regardless of whether the judgment was with or without prejudice, it was a final judgment; otherwise Plaintiff would not have been entitled. AsPlaintiff has been repeatedly told, so long as the appeal remains pending, this Court lacks jurisdiction to modify it. On that basis it is respectfully recommended that the Motion for Sanctions be denied. Objections to R&R due by 4/14/2020. Signed by Magistrate Judge Michael R. Merz on 3/31/2020. re 142 (kma)(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
136
ORDER adopting Report and Recommendations re 86 92 97 101 116 and 121 Report and Recommendation; this matter shall remain closed. Signed by Judge Michael R. Barrett on 2/18/20. (ba)(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
86
REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEFFROM JUDGMENT - The Magistrate Judge respectfully recommends that the Court defer considering the motion pending disposition of the pending appeal because that may render the motion moot or at least r esolve some of the issues Plaintiff raises. Objections to R&R due by 7/12/2019. Signed by Magistrate Judge Michael R. Merz on 6/28/2019. (srb)(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
84
ORDER adopting Report and Recommendation re 83 Report and Recommendation re 82 Motion Relief from Judgment; the Court will enter an indicative ruling advising the Sixth Circuit is would grant Plaintiff's Motion for Relief from Judgment if the case were remanded for that purpose; Plaintiff shall advise the Sixth Circuit. Signed by Judge Michael R. Barrett on 6/25/19. (ba)(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
83
REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT 82 - Objections to R&R due by 6/7/2019. Signed by Magistrate Judge Michael R. Merz on 5/23/2019. (kpf)(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
80
DEFICIENCY ORDER. Signed by Magistrate Judge Michael R. Merz on 4/5/2019. (srb)(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
75
ORDER adopting Report and Recommendations re 44 48 56 Report and Recommendations granting 19 Motion to Dismiss for Failure to State a Claim; granting 25 Motion to Dismiss for Failure to State a Claim; granting 26 Motion to Dismiss fo r Failure to State a Claim; granting 26 Motion to Strike ; denying 35 Objection to Magistrate Judge Order; denying 65 Objection to Magistrate Judge Order; denying 70 Objection to Magistrate Judge Order. Signed by Judge Michael R. Barrett on 3/29/19. (ba)(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
64
DECISION AND ORDER DENYING MOTION FOR DISCOVERY. Signed by Magistrate Judge Michael R. Merz on 1/16/2019. (srb)(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
56
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again recommends that the Amended Complaint be dismissed with prejudice. The Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore shoul d not be permitted to proceed in forma pauperis. Objections to R&R due by 11/7/2018. Signed by Magistrate Judge Michael R. Merz on 10/23/2018. (kpf)(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
48
REPORT AND RECOMMENDATIONS - Magistrate Judge Bowman was correct in concluding the Motion for Relief from Judgment (ECF No. 6) is moot in this case and her ruling should not be disturbed. Objections to R&R due by 10/1/2018. Signed by Magistrate Judge Michael R. Merz on 9/17/2018. (kpf)(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
46
DECISION AND ORDER DENYING TO STRIKE 45 . Signed by Magistrate Judge Michael R. Merz on 9/13/2018. (kpf)(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
44
REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends the Amended Complaint herein be dismissed with prejudice and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Because of the prolixity of Plaintiffs filings, it is hereby ORDERED that in any future filings in this case, references to the record be made to the specific docket entry and PageID number where the referenced matter is to be found. Objections to R&R due by 9/19/2018. Signed by Magistrate Judge Michael R. Merz on 9/4/2018. (kpf)(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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