Ealy v. Danish et al
| Larry E Ealy |
| John Danish, Patrick Bonfield, Dave Vore, Dennis Langer and Steven A Yarborough |
| 3:2008cv00386 |
| August 18, 2008 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Sharon L Ovington |
| Walter H Rice |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
40
ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 39 Report and Recommendations. Accordingly, Defendants Judges Yarborough and Langer's Motion to Dismiss (Doc. 14), Defendants Montgomery County Sheriff, Dave Vore, an d the Montgomery County Commissioner's Motion for Judgment on the Pleadings (Doc. 15), and Defendants Bonfield and Danish's Motion for Judgment on the Pleadings and memorandum in opposition (Doc. 23) are GRANTED; Plaintiff's Motions fo r Change of Venue (Doc. 32, 36 and 37) are DENIED; Plaintiff's Motion to Amend Petition (Doc. 27 ) is DENIED; The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order will not be taken in good faith and therefore DENIES Plaintiff leave to appeal in forma pauperis. If so certified, Plaintiff, a non-prisoner, will remain free to apply to proceed in forma pauperis in the Court of Appeals. (scot1, )
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Filing
39
REPORT AND RECOMMENDATIONS IT IS THEREFORE RECOMMENDED THAT: 1. Defendants Judges Yarborough and Langers Motion to Dismiss (Doc. # 14 ), Defendants Montgomery County Sheriff Dave Vore and the Montgomery County Commissioners Motion for Judgment on the Pleadings (Doc. #15), Defendants Bonfield and Danishs Motion for Judgment on the Pleadings and Memorandum in Opposition (Doc. # 23 ) be GRANTED; 2. Plaintiffs Motions For Change Of Venue (Doc. #s 32 , 36 , 37 ) be DENIED;3. Plaintiffs Motion To A mend Petition (Doc. # 27 ) be DENIED; 4. The Court certify pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an appeal of this Order would not be taken in good faith and therefore deny Plaintiff leave to appeal in forma pauperis. If so certified, Plaintiff, a non-prisoner, would remain free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800,803 (6th Cir. 1999); and 5. The case be terminated on the docket of this Court. Objections to R&R due by 7/20/2009. Signed by Magistrate Judge Sharon L Ovington on 07/01/09. (phil1, )
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Filing
29
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 25 ) IN THEIR ENTIRETY; PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILING, CONSTRUED AS TIMELY FILED (DOC. 26 ), OVERRULED; PLAINTIFF'S REQUEST FO R TEMPORARY RESTRAINING ORDER (DOC. 2 ) OVERRULED; REQUEST FOR THREE-JUDGE PANEL TO HEAR ALLEGATIONS CONTAINED IN THE RESTRAINING ORDER(DOC. 26 ) OVERRULED; PLAINTIFF'S REQUEST TO AMEND PETITION REFERRED TO MAGISTRATE JUDGE. Signed by Judge Walter H Rice on 1/30/09. (cib1)
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Filing
25
REPORT AND RECOMMENDATIONS: It is Therefore Recommended that Plaintiff's Motion for Temporary Restraining Order (Doc. # 2 ) be DENIED. Objections to R&R due by 1/26/2009. Signed by Magistrate Judge Sharon L Ovington on 1/6/09. (cib1)
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