Suber v. Maus
| Ira Suber |
| James F. Maus |
| 1:2018cv00143 |
| February 27, 2018 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| XX US, Outside State |
| Stephanie K. Bowman |
| Susan J. Dlott |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
20
ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS The Court ADOPTS 6 Report and Recommendation. Accordingly, the Court adopts in its entirety the Report and Recommendation of March 26, 2018 that Plaintiffs Declaratory Judgment Act claim is DISMISS ED with prejudice for failure to state a claim upon which relief can be granted. The Court DIMISSES without prejudice plaintiffs claims under 42 U.S.C. 1985 and 1986. The Court DECLINES to exercise supplemental jurisdiction over plaintiffs state-law claims. The Court DISMISSES those claims without prejudice. Signed by Judge Susan J. Dlott on 6/12/2018. (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
12
ORDER AND SUPPLEMENTAL REPORT AND RECOMMENDATION - IT IS THEREFORE ORDERED THAT: Plaintiffs motion to amend the complaint 10 is GRANTED. IT IS THEREFORE RECOMMENDED THAT: 1. The Court ADOPT in its entirety the March 26, 2018 Report and Recommenda tion (Doc. 6), recommending that plaintiffs Declaratory Judgment Act claim be DISMISSED with prejudice for failure to state a claim upon which relief can be granted. 2. The Court DISMISS without prejudice plaintiffs claims under 42 U.S.C. § 7; 1985 and 1986, the sole federal claims presented in plaintiffs supplemental amended complaint, for failure to state a claim upon which relief can be granted. 3. The Court DECLINE to exercise supplemental jurisdiction over plaintiffs remaining sta te-law claims and that the Court DISMISS these claims without prejudice. 4. The Court certify pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). ( Objections to R&R due by 5/9/2018). Signed by Magistrate Judge Stephanie K. Bowman on 04/25/2018. (bjc)(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
6
REPORT AND RECOMMENDATIONS-IT IS THEREFORE RECOMMENDED THAT: 1. The plaintiffs complaint (Doc. 1) be DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). 2. The Court certify pursuant to 28 U.S.C. § 1915(a) (3) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). Objections to R&R due by 4/9/2018. Signed by Magistrate Judge Stephanie K. Bowman on 03/26/2018. (bjc)(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: Ira Suber | |
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| Defendant: James F. Maus | |
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