Kanu v. Siemens PLM Software et al
| Bryan Kanu |
| Felicia Boyd, Kettil Cedercreutz and Siemens PLM Software |
| 1:2018cv00038 |
| January 19, 2018 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Timothy S Black |
| Stephanie K Bowman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Notation Order: This civil action is before the Court on Plaintiff's Rule 52(b) motion to amend (the "Motion to Amend"). (Doc. #23 ). In the Motion to Amend, Plaintiff asks the Court to amend its prior findings, conclusions, and judgment, such that Plaintiff's claims against Defendants are dismissed without (as opposed to with) prejudice. (Id. at 1). Plaintiff argues that a dismissal without prejudice is proper so that Plaintiff can seek to recover against Defendants under various fraud/conspiracy theories. (See generally id.). On review, the Motion to Amend is not well taken. As an initial matter, Plaintiff has not filed the Motion to Amend within the 28-day deadline set forth in Rule 52(b). See Fed. R. Civ. P. 52(b) (stating that a party must file a motion for amended findings "no later than 28 days after the entry of judgment..."). Moreover, Plaintiff has not shown that any manifest error, new evidence, or changed law requires amendment. See Dayton Pulmonary Rehab. Ctr., Inc. v. Meridian Healthcare Grp., Inc., No. 3:10-CV-128, 2012 WL 3527814, at *1 (S.D. Ohio Aug. 14, 2012) ("Relief under Rule 52(b) is proper only upon a showing of a manifest error of fact or law by the trial court, newly discovered evidence, or a change in the law." (quotation marks and citations omitted)). Finally, as the Magistrate Judge has already indicated, "justice simply does not require this Court to permit a pro se plaintiff unlimited opportunities to amend his complaint, in hopes of eventually stating some claim." (Doc. #19 at 3). In the end, the Court properly dismissed Plaintiff's claims against Defendants with prejudice. (See Docs. #13 , #16 , #19 , #21 ). And, accordingly, Plaintiff's Motion to Amend (Doc. #23 ) must be and is hereby DENIED. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/11/2020. (rrs)
|
| Filing 24 NOTICE of Change of Address by Plaintiff Bryan Kanu (jlw) |
| Filing 23 MOTION to Amend the Court's Findings & Conclusions & Judgment by Plaintiff Bryan Kanu. (jlw) |
|
NOTATION ORDER: This case is before the Court on Plaintiff's motion for additional findings. #22 . Specifically, Plaintiff asks the Court to explain its Order adopting the Magistrate Judge's Report and Recommendation and to further opine on matters the Court has previously resolved. #22 . This Court's Order sufficiently sets forth its basis for adopting the Report and Recommendation, and the prior Orders and Report and Recommendations in this case fully address all matters properly before the Court. (See Docs. #4 , #8 , #13 , #16 , #19 , #21 . Plaintiff's continued dissatisfaction in the outcome of this case does not entitle him to further consideration. Accordingly, Plaintiff's motion for additional findings #22 is DENIED. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/6/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 22 MOTION for Additional Findings by Plaintiff Bryan Kanu. (jlw) |
|
Filing 21
ORDER adopting the Report and Recommendation #19 . Signed by Judge Timothy S. Black on 8/29/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 20 OBJECTION to #19 Report and Recommendations by Plaintiff Bryan Kanu. (jlw) |
| Filing 19 REPORT AND RECOMMENDATIONS re #18 Plaintiff's Motion for Reconsideration re #17 Clerk's Judgment. IT IS RECOMMENDED THAT Plaintiff's post-judgment motion for relief from judgment, for reconsideration, and/or to reopen this case #18 be DENIED. IT IS FURTHER RECOMMENDED THAT because the instant post-judgment motion is legally frivolous and additional post-judgment motions in this closed case would present an undue burden on scarce legal resources, any further post-judgment motions filed by Plaintiff before this Court should be summarily denied without review on the merits. Objections to R&R due by 3/22/2019. Signed by Magistrate Judge Stephanie K. Bowman on 3/8/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 18 MOTION for Relief re #17 Clerk's Judgment by Plaintiff Bryan Kanu. (jlw) |
| Filing 17 CLERK'S JUDGMENT. Signed by Judge Timothy S. Black on 2/20/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
|
Filing 16
ORDER adopting Report and Recommendations of the United States Magistrate Judge (Docs. 8, 13) and terminating this case in this Court. Signed by Judge Timothy S. Black on 2/19/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 15 OBJECTION to #13 , #8 Report and Recommendations by Plaintiff Bryan Kanu. (bjc) |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #13 REPORT AND RECOMMENDATIONS re #12 MOTION to Amend/Correct #3 Complaint filed by Felicia Boyd, Siemens PLM Software, Kettil Cedercreutz New date requested 1/2/2019. by Plaintiff Bryan Kanu. (jlw) |
| Filing 13 REPORT AND RECOMMENDATIONS re #12 Plaintiff's Motion to Amend #3 Complaint. IT IS RECOMMENDED THAT Plaintiff's most recent motion seeking leave to further amend his complaint #12 be DENIED. Objections to R&R due by 12/24/2018. Signed by Magistrate Judge Stephanie K. Bowman on 12/10/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Notice of Correction re: #12 MOTION to Amend/Correct #3 Complaint This document was incorrect. Clerk replaced attachment one with the correct document and regenerated the NEF. (jlw) |
| Filing 12 MOTION to Amend/Correct #3 Complaint by Defendants Felicia Boyd, Kettil Cedercreutz, Siemens PLM Software. (Attachments: #1 Amended Complaint) (jlw) (Attachment 1 replaced on 8/9/2018) (jlw). |
| Filing 11 ***STRICKEN PER (Doc. 16) ORDER ***AMENDED COMPLAINT against All Defendants, filed by Bryan Kanu. (sct) Modified 2/21/19 (rrs) Modified on 2/21/2019 (rrs). |
| Filing 10 OBJECTION to #8 SUPPLEMENTAL Report and Recommendations by Plaintiff Bryan Kanu. (sct) |
|
Filing 9
ORDER denying as moot #7 Plaintiff's Motion by Pro Se Litigant to Obtain Electronic Case Filing Rights. Signed by Magistrate Judge Stephanie K. Bowman on 2/8/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 8 SUPPLEMENTAL REPORT AND RECOMMENDATIONS re #6 Plaintiff's Amended Complaint. IT IS RECOMMENDED THAT: (1) Plaintiff's in forma pauperis status should be REVOKED based upon a lack of indigency, and he should be required to immediately pay the full $400.00 filing fee for this case. He should also be denied leave to appeal in forma pauperis; (2) Plaintiff's complaint should be dismissed sua sponte with prejudice for failure to state any claim under Title VII or other federal law, either under 28 U.S.C. 1915(e) if Plaintiff is permitted to continue to proceed in forma pauperis, or alternatively, under Apple v. Glenn. Objections to R&R due by 2/22/2018. Signed by Magistrate Judge Stephanie K. Bowman on 2/8/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 7 MOTION by Pro Se Litigant to Obtain Electronic Case Filing Rights by Plaintiff Bryan Kanu. (eh) |
| Filing 6 AMENDED COMPLAINT filed by Bryan Kanu against Felicia Boyd, Kettil Cedercreutz, Siemens PLM Software. (Attachments: #1 EEOC Dismissal and Notice of Rights) (eh) |
| Filing 5 RE: ORDER TO SHOW CAUSE by Plaintiff Bryan Kanu. (eh) |
| Summons forms, USM-285 forms, and copies of the Amended Complaint received this date from Plaintiff. (eh) |
|
Filing 4
REPORT AND RECOMMENDATIONS re #3 Complaint filed by Bryan Kanu. IT IS RECOMMENDED THAT: (1) Plaintiff's complaint should be dismissed sua sponte without prejudice to file a timely amended complaint that comports with Rule 8 and the order accompanying this Report and Recommendation; (2) In the alternative, if Plaintiff fails to timely submit an amended complaint on or before 2/8/2018, the undersigned recommends dismissal with prejudice for failure to comply with the Court's Order regarding the submission of a complaint that meets the mandatory standard of Rule 8. Objections to R&R due by 2/12/2018. Signed by Magistrate Judge Stephanie K. Bowman on 1/29/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 3 COMPLAINT with JURY DEMAND against Siemens PLM Software, Felicia Boyd, Kettil Cedercreutz, filed by Bryan Kanu. (Attachments: #1 Civil Cover Sheet) (km) |
|
Filing 2
ORDER conditionally granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis. Because Plaintiff's application suggests that he does not qualify for in forma pauperis status, he shall SHOW CAUSE on or before 2/5/2018 why the conditional grant of in forma pauperis status should not be REVOKED and DENIED. In lieu of showing cause why the conditional grant of in forma pauperis status should not be revoked, Plaintiff shall pay the full filing fee of $400.00 on or before 2/5/2018. Regardless of whether he seeks to proceed in forma pauperis or pays the full filing fee, Plaintiff shall tender a short, concise, amended complaint in compliance with Rule 8 on or before 2/8/2018. The amended compliant shall not exceed 20 pages in length, shall be typed in 12 point font, double-spaced, and with numbered paragraphs; Separate claims shall be labeled and clearly identified; Any exhibits to the amended complaint shall be attached to the complaint, but shall be clearly marked and separated from the complaint with a blank page marked EXHIBIT #, to precede each separate exhibit. To the extent that Plaintiff continues to seek in forma pauperis status, he must provide service copies of his entire complaint/exhibits, together with all other appropriate summons and U.S. Marshal forms. Signed by Magistrate Judge Stephanie K. Bowman on 1/29/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 1 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: Copies of the Complaint) by Plaintiff Bryan Kanu. (Attachments: #1 Complaint, #2 Civil Cover Sheet) (sct) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
