Aniyunwiya v. Kalis et al
| Achak Ben Aniyunwiya |
| Judge Maria Kalis, Gregory Starcher, Greg Starcher, Donita M. Barnett, State of Ohio, Sheriff Matthew Lutz, David Suciu, Zanesville Times Recorder and Muskingum County Public Defender |
| 2:2022cv02568 |
| June 21, 2022 |
| U.S. District Court for the Southern District of Ohio |
| Sarah D Morrison |
| Peter B Silvain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
18
OPINION and ORDER - Plaintiff's claims against the State of Ohio are DISMISSED WITHOUT PREJUDICE due to sovereign immunity. Plaintiff's claims against Judge Kalis, the Muskingum County Public Defender, and Donita Barnett are DISMISSED WITH PREJUDICE. Plaintiff's claims against Attorney Starcher, the Zanesville Times Recorder, Sheriff Lutz, and Captain Suciu are DISMISSED WITHOUT PREJUDICE. Signed by Judge Michael H. Watson on 3/9/2023. (jk)(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
11
ORDER adopting 7 the Report and Recommendation. Signed by Judge Michael H. Watson on 10/11/2022. (jk) (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
10
ORDER - Plaintiffs request for more time pertains to his other case: No. 2:22-cv-2325. To that extent, the Motion is DENIED. Accordingly, Plaintiff's Motion (Doc. 9) is CONSTRUED as a motion for additional time to file objections to the Report and Recommendation 7 granting 9 Motion. Objections to R&R due by 10/3/2022. The Clerk of Courts is DIRECTED to send a copy of the Report and Recommendation (Doc. 7) to Plaintiff with this Order at his new address. To keep the docket of thi s case clear, the Clerk is also DIRECTED to STRIKE the copy of the complaint from Case No. 2:22-cv-2325 that is attached Plaintiffs Motion filed in this case. (See Doc. 9-1). That complaint will be considered in Case No. 2:22-cv-2325. Signed by Magistrate Judge Peter B. Silvain, Jr on 9/1/22. (pb)(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
7
REPORT AND RECOMMENDATIONS - The Undersigned therefore RECOMMENDS that the Complaint be DISMISSED in its entirety pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B). More specifically, the Undersigned RECOMMENDS that the claims against the State of Ohio, Judge Kalis, Attorney Starcher, the Muskingum County Public Defender, Donita Barnett, and the Zanesville Times Recorder be DISMISSED with PREJUDICE. The Undersigned RECOMMENDS that any claims against Sheriff Lutz and Captain Suciu b e DISMISSED without PREJUDICE. Should the District Judge adopt this recommendation, the Undersigned further RECOMMENDS that the District Judge find that any appeal in this matter by Plaintiff would not be taken in good faith, and that Plaintiff may not proceed on appeal in forma pauperis.Plaintiff is ADVISED that he must keep this Court informed of his current address. The Clerk is DIRECTED to send a copy of this Report and Recommendation to Plaintiff at the address in the Complaint (Doc. 1 , PageID 2), at the Muskingum County Jail (see Doc. 5 ), and at the Correctional Reception Center re 1 Complaint filed by Achak Ben Aniyunwiya. Objections to R&R due by 8/29/2022.. Signed by Magistrate Judge Peter B. Silvain, Jr on 8/15/22. (pb)(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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