Carter v. Furmon et al
| Orlando Carter, r |
| Janel McBain, Commissioner Charles Furmon, John Paul Reiser, Butler County Board of Commissioners, Kevin Gormley, Fifth Third Bank, Ralph Martinez, Senator William Coley, Vince Rinaldi, John Boehner and Thomas Barnhart, III |
| United States of America |
| 1:2018cv00400 |
| June 7, 2018 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| XX US, Outside State |
| Timothy S Black |
| Stephanie K Bowman |
| Susan J Dlott |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 41 CLERK'S JUDGMENT re #40 ORDER ADOPTING #24 REPORT AND RECOMMENDATIONS (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 40
ORDER ADOPTING #24 REPORT AND RECOMMENDATIONS: Accordingly, plaintiff's claims under Bivens ( Claims One, Two and Three), 1981(Claim Seventeen), 1983 (Claims Four and Twenty), 1985 (Claim Eight), and 1986 (Claim Nine), pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b)(l), are DISMISSED because plaintiff has failed to state claim upon which relief may be granted. The Court DISMISSES without prejudice plaintiff's claims for injunctive relief (Claims Five and Nineteen) and plaintiff's claim for declaratory relief (Claim Six). The Court DECLINES to exercise supplemental jurisdiction over plaintiff's remaining state-law claims (Claims Seven, Ten through Sixteen, Eighteen, and Twenty-One through Twenty-Four) and DISMISSES these claims without prejudice.. Signed by Judge Susan J. Dlott on 3/13/2019. (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 39
ORDER ADOPTING #38 REPORT AND RECOMMENDATIONS :Accordingly, the three motions (Docs. 21, 22, and 23) are DENIED AS MOOT withoutprejudice. Signed by Judge Susan J. Dlott on 3/11/2019. (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 38 REPORT AND RECOMMENDATIONS re #21 MOTION to Dismiss for Insufficient Service of Process filed by Thomas Barnhart, III, Ralph Martinez, Vince Rinaldi, #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by William Coley, #23 MOTION for Leave to File Answer Instanter filed by Butler County Board of Commissioners, Charles Furmon. IT IS RECOMMMENDED THAT the three motions #21 #22 #23 be DENIED AS MOOT without prejudice to renew should the presiding district judge reject the previously filed R&R. Objections to R&R due by 1/2/2019. Signed by Magistrate Judge Stephanie K. Bowman on 12/18/2018. (km)(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 37
RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 1:17cv508, 1:18cv162, 1:18cv400, and 1:18cv825 ARE related and assigned to the docket of Judge Susan J. Dlott. Signed by Judge Susan J. Dlott and Judge Timothy S. Black on 12/13/18. (eh)(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 35 MOTION for Hearing by Plaintiff Orlando Carter, r. (bjc) |
| Filing 34 Response re #32 Notice (Other) by Plaintiff Orlando Carter, r. (bjc) |
| Filing 33 Summons Returned Unexecuted as to John Paul Reiser. (bjc) |
| Filing 32 NOTICE by Respondent United States of America re #30 Objection to Report and Recommendations The United States of America's Statement of Interest (Horwitz, Matthew) |
| Filing 31 Response re #30 Objection to Report and Recommendations by Defendants Butler County Board of Commissioners, Charles Furmon. (Landes, Mark) |
| Filing 30 OBJECTION to #24 Report and Recommendations by Plaintiff Orlando Carter, r. (Attachments: #1 Envelope) (bjc) |
| Filing 29 MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 10/26/2018. by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Walton, Victor) |
| Filing 28 NOTICE by Defendant Kevin Gormley and Janel McBain (Horwitz, Matthew) |
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NOTATION ORDER granting #29 Defendant Fifth Third Bank's Motion for Extension of Time to Answer to the extent that Defendant is granted an extension of time to answer or otherwise respond to Plaintiff's Complaint until 21 days after the Court issues a decision addressing the Report and Recommendation #24 , if such response is still necessary. Signed by Magistrate Judge Stephanie K. Bowman on 8/13/2018. (km)(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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Notation Order: This civil action came before the Court on Plaintiff's motion for an extension of time to file objections to the Report and Recommendations (Doc. #24 ) of the Magistrate Judge. For good cause shown, that motion (Doc. #27 ) is GRANTED. Plaintiff shall file his objections on or before 9/7/18. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (jlm)(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 27 MOTION for Extension of Time to File Response/Reply as to #24 REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Orlando Carter, r New date requested 9/7/2018. by Plaintiff Orlando Carter, r. (bjc) |
| Filing 26 SUMMONS Returned Executed as to Defendant Charles Furmon. Charles Furmon served on 6/15/2018, answer due 7/6/2018. (bjc) |
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Filing 25
ORDER staying briefing on Defendants' pending motions #21 #22 #23 pending final consideration of the Report and Recommendation by the assigned district judge. Signed by Magistrate Judge Stephanie K. Bowman on 7/11/2018. (km)(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 24
REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Orlando Carter. IT IS RECOMMENDED THAT: (1) The Court DISMISS plaintiff's claims under Bivens (Claims One, Two and Three), 1981 (Claim Seventeen), 1983 (Claims Four and Twenty), 1985 (Claim Eight), and 1986 (Claim Nine), pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b)(l), because plaintiff has failed to state a claim upon which relief may be granted; (2) The Court DISMISS without prejudice Plaintiff's claims for injunctive relief (Claims Five and Nineteen) and plaintiff's claim for declaratory relief (Claim Six); (3) The Court DECLINE to exercise supplemental jurisdiction over plaintiff's remaining state-law claims (Claims Seven, Ten through Sixteen, Eighteen, and Twenty-One through Twenty-Four) and DISMISS these claims without prejudice; (4) The Court certify pursuant to 28 U.S.C. I 915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny plaintiff leave to appeal informa pauperis. Objections to R&R due by 7/25/2018. Signed by Magistrate Judge Stephanie K. Bowman on 7/11/2018. (km)(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 23 MOTION for Leave to File Answer Instanter by Defendants Butler County Board of Commissioners, Charles Furmon. (Attachments: #1 Exhibit A: Answer of Defendants Furmon & Butler Cty. Bd. Commrs.) (Landes, Mark) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant William Coley. (Wayne, Richard) |
| Filing 21 MOTION to Dismiss for Insufficient Service of Process by Defendants Thomas Barnhart, III, Ralph Martinez, Vince Rinaldi. (Attachments: #1 Affidavit of Thomas Barnhart II) (Laubenthal, Melissa) |
| Filing 20 Summons Returned Unexecuted as to John Boehner. (bjc) |
| Filing 19 NOTICE to Parties/Defendants of Plaintiff's Subpoena to Assistant U.S. Attorney to Produce Certified and Authenticated Bank Documents Showing a $4,000,000 Debt Between Dynus and PNC Bank by Plaintiff Orlando Carter, r (Attachments: #1 Envelope) (bjc) |
| Filing 18 CERTIFICATE OF SERVICE by Defendant Fifth Third Bank re #16 Corporate Disclosure Statement (Walton, Victor) |
| Notice re #16 Corporate Disclosure Statement: The document was filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the Corporate Disclosure Statement when prompted. (sct) |
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NOTATION ORDER granting #17 Defendant Fifth Third Bank's Motion for Extension of Time Until 8/13/2018 to Answer, Move or Otherwise Plead to Plaintiff's Complaint. Signed by Magistrate Judge Stephanie K. Bowman on 7/2/2018. (km)(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 MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 8/13/2018. by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Walton, Victor) |
| Filing 16 Corporate Disclosure Statement by Defendants Fifth Third Bank, Fifth Third Bancorp identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank.. (Walton, Victor) |
| Filing 15 NOTICE of Appearance by Jacob D. Mahle for Defendant Fifth Third Bank (Mahle, Jacob) |
| Filing 14 NOTICE of Appearance by Victor A Walton, Jr for Defendant Fifth Third Bank (Walton, Victor) |
| Filing 13 NOTICE of Appearance by Jessica Kinnan Baverman for Defendant Fifth Third Bank (Baverman, Jessica) |
| Filing 12 NOTICE to Parties/Defendants of Plaintiff's Subpoena to U.S. Attorney by Plaintiff Orlando Carter, r (Attachments: #1 Envelope) (bjc) |
| Filing 11 SUMMONS Returned Executed as to Defendants William Coley, Fifth Third Bank, Ralph Martinez. William Coley served on 6/19/2018, answer due 7/10/2018; Fifth Third Bank served on 6/16/2018, answer due 7/9/2018; Ralph Martinez served on 6/15/2018, answer due 7/6/2018. (bjc) Modified File Date on 6/26/2018 (bjc). |
| Filing 10 SUMMONS Returned Executed as to Defendants Kevin Gormley, Janel McBain. (bjc) |
| Filing 9 SUMMONS Returned Executed as to Defendants Thomas Barnhart, III, Vince Rinaldi. Thomas Barnhart, III served on 6/18/2018, answer due 7/9/2018; Vince Rinaldi served on 6/15/2018, answer due 7/6/2018. (bjc) |
| Filing 8 CERTIFICATE of Clerk: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (sct) |
| Filing 7 Summons Issued as to John Boehner. (sct) |
| Filing 6 SUMMONS Returned Executed as to Defendant Butler County Board of Commissioners. Butler County Board of Commissioners served on 6/15/2018, answer due 7/6/2018. (bjc) Modified on 6/19/2018 (bjc). |
| Filing 5 SUMMONS Returned Executed as to Defendants Kevin Gormley, Janel McBain c/o United States Attorney. Kevin Gormley served on 6/15/2018, answer due 8/14/2018; Janel McBain served on 6/15/2018, answer due 8/14/2018. (bjc) Modified docket text on 6/20/2018 (eh). |
| Filing 4 Clerk's CERTIFICATE of Mailing re #1 Complaint and #2 and #3 Summons Issued. (eh) |
| Filing 3 Summons Issued as to Kevin Gormley, Janel McBain, U.S. Attorney. (eh) |
| Filing 2 Summons Issued as to Thomas Barnhart, III, Butler County Board of Commissioners, William Coley, Fifth Third Bank, Charles Furmon, Ralph Martinez, John Paul Reiser, Vince Rinaldi. (eh) |
| Filing 1 COMPLAINT with JURY DEMAND against Thomas Barnhart, III, John Boehner, Butler County Board of Commissioners, William Coley, Fifth Third Bank, Charles Furmon, Kevin Gormley, Ralph Martinez, Janel McBain, John Paul Reiser, Vince Rinaldi, filed by Orlando Carter, r. (Attachments: #1 Exhibits, #2 Civil Cover Sheet, #3 Filing Fee Receipt) (bjc) |
| Filing fee: $ 400.00, receipt number 100CIN034307 (bjc) |
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