Wilson v. Huffman

Plaintiff:	Richard Wilson
Defendant:	Mary Kate Huffman
Case Number:	3:2010cv00054
Filed:	February 8, 2010
Court:	US District Court for the Southern District of Ohio
Office:	Dayton Office
County:	MONTGOMERY
Presiding Judge:	Michael R Merz
Presiding Judge:	Walter H Rice
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By:	None

Available Case Documents

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Date Filed	Document Text
March 1, 2010	Filing 7 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. Signed by Judge Walter H Rice on March 1, 2010. (kje1)
February 9, 2010	Filing 4 REPORT AND RECOMMENDATIONS; ORDER DENYING RECUSAL OF MAGISTRATE JUDGE; ORDER TO THE CLERK - Plaintiff seeks leave to proceed in forma pauperis, averring that he has been granted that status before and his circumstances have not changed. The Applicati on is granted, but Plaintiff is cautioned that any further filings of new cases must be accompanied by a fresh affidavit of indigency. Because Plaintiff has presented no valid basis for recusal, the Magistrate Judge declines to recuse himself and re spectfully recommends that Judge Rice do the same for the same reasons.It is accordingly respectfully recommended that the Complaint herein: 1. Insofar as it seeks money damages against Judge Huffman individually, be dismissed with prejudice as barre d by judicial immunity; 2. Insofar as it seeks money damages against Judge Huffman in her official capacity, be dismissed without prejudice for lack of subject matter jurisdiction under the Eleventh Amendment; and 3. Insofar as it seeks injunctive an d declaratory relief, be dismissed without prejudice as barred by the abstention doctrine of Younger v. Harris, supra. The Clerk is ordered not to issue process herein pending further Court order. Objections to R&R due by 2/26/2010. Signed by Magistrate Judge Michael R Merz on 2/9/2010. (kpf1)

Date Filed

Document Text

March 1, 2010

Filing 7 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. Signed by Judge Walter H Rice on March 1, 2010. (kje1)

February 9, 2010

Filing 4 REPORT AND RECOMMENDATIONS; ORDER DENYING RECUSAL OF MAGISTRATE JUDGE; ORDER TO THE CLERK - Plaintiff seeks leave to proceed in forma pauperis, averring that he has been granted that status before and his circumstances have not changed. The Applicati on is granted, but Plaintiff is cautioned that any further filings of new cases must be accompanied by a fresh affidavit of indigency. Because Plaintiff has presented no valid basis for recusal, the Magistrate Judge declines to recuse himself and re spectfully recommends that Judge Rice do the same for the same reasons.It is accordingly respectfully recommended that the Complaint herein: 1. Insofar as it seeks money damages against Judge Huffman individually, be dismissed with prejudice as barre d by judicial immunity; 2. Insofar as it seeks money damages against Judge Huffman in her official capacity, be dismissed without prejudice for lack of subject matter jurisdiction under the Eleventh Amendment; and 3. Insofar as it seeks injunctive an d declaratory relief, be dismissed without prejudice as barred by the abstention doctrine of Younger v. Harris, supra. The Clerk is ordered not to issue process herein pending further Court order. Objections to R&R due by 2/26/2010. Signed by Magistrate Judge Michael R Merz on 2/9/2010. (kpf1)

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Plaintiff: Richard Wilson
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Defendant: Mary Kate Huffman
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