Machul v. State of Florida et al
Plaintiff: Benjamin James Machul
Defendant: Matt's Express Towing and Recovery Inc., State of Florida, Amanda Davy, Officer Lux #1606, Hillary L Ellis, Linda Byrd and Benjamin Schlabach
Case Number: 3:2020cv00078
Filed: February 28, 2020
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
Presiding Judge: Michael J Newman
Referring Judge: Walter H Rice
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09:1
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2020 ***Civil Case Terminated. (kma)
April 27, 2020 Filing 8 DECISION AND ENTRY SUSTAINING PLAINTIFFS MOTION TO WITHDRAW COMPLAINT WITHOUT PREJUDICE (DOC. #7 ); OVERRULING AS MOOT PLAINTIFFS MOTION FOR HEARING (DOC. #6 ); REJECTING AS MOOT UNITED STATES MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS (DOC. #3 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #5 ); OVERRULING AS MOOT PLAINTIFFS OBJECTIONS THERETO (DOC. #4 ); TERMINATION ENTRY. Signed by Judge Walter H. Rice on 4/27/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 22, 2020 Filing 7 MOTION TO WITHDRAW COMPLAINT WITHOUT PREJUDICE by Plaintiff Benjamin James Machul. Plaintiff requests that pursuant to Federal Rules of Civil Procedure, Rule 41, that the complaint be voluntarily withdrawn without prejudice. Plaintiff's Motion for Hearing is likewise withdrawn and Petitioner does not object to Dismissal of the Case Without Prejudice. (jg)
April 10, 2020 Filing 6 MOTION for Hearing by Plaintiff Benjamin James Machul. (jg)
April 8, 2020 Opinion or Order Filing 5 ORDER AND ENTRY GRANTING PLAINTIFFS MOTION FOR EXTENSION OF TIME TO OBJECT TO THE COURTS AT REPORT AND RECOMMENDATION *** SUPPLEMENTAL REPORT AND RECOMMENDATION1 THAT: (1) PLAINTIFFS MOTION TO CONFIRM AN ARBITRATION AWARD (DOC. 1-4) BE DENIED; AND (2) THIS CASE BE TERMINATED ON THE COURTS DOCKET - Based on all of the foregoing, the undersigned: (1) SUPPLEMENTS the previously issued Report and Recommendation (doc. #3 ); (2) GRANTS Plaintiffs motion for an extension of time to file objections to that Report and Recommendation (doc. #4 ); (3) RECOMMENDS that Plaintiffs motion to confirm the alleged arbitration award (doc. 1-4) be DENIED; and (4) again RECOMMENDS that his case be TERMINATED on the Courts docket.Objections to R&R due by 4/27/2020.. Signed by Magistrate Judge Michael J. Newman on 4/8/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 2, 2020 Filing 4 OBJECTION to #3 Report and Recommendations (Titled Motion for Extension) by Plaintiff Benjamin James Machul. (Attachments: #1 Exhibits, #2 Proposed Order) (jmb)
March 23, 2020 Opinion or Order Filing 3 REPORT AND RECOMMENDATIONS: Based on the foregoing, the undersigned RECOMMENDS that: (1) this case be DISMISSED WITHOUT PREJUDICE; (2) the Court ORDER that service of process not issue; and (3) this case be TERMINATED on the Courts docket. Objections to R&R due by 4/6/2020. Signed by Magistrate Judge Michael J. Newman on 3/23/2020. re #2 (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 16, 2020 Filing 2 COMPLAINT against All Defendants. (kma)
March 16, 2020 Opinion or Order NOTATION ORDER: For good cause shown, pro se Plaintiffs motion for leave to proceed in forma pauperis (doc. #1 ) is GRANTED. The Clerk is ORDERED to separately file the complaint and to hold service of process pending the Courts required initial review pursuant to 28 USC 1915. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 3/16/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 28, 2020 Filing 1 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Plaintiff Benjamin James Machul. (Attachments: #1 Complaint, #2 Summons Form, #3 USM 285 Forms, #4 Motion to Confirm Foreign Judgment Award) (pb) (Additional attachment(s) added on 2/28/2020: #5 Civil Cover Sheet, #6 Signed USM 285 Forms) (pb).

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Defendant: Matt's Express Towing and Recovery Inc.
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Defendant: State of Florida
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Defendant: Amanda Davy
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Defendant: Officer Lux #1606
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Defendant: Hillary L Ellis
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Defendant: Linda Byrd
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Defendant: Benjamin Schlabach
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Plaintiff: Benjamin James Machul
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