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16-920 - Foster v. Ohio State of


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16-920 - Foster v. Ohio State of
October 11, 2016
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ORDER AND REPORT AND RECOMMENDATION granting 2 Plaintiff's Motion Supplementing and Adducing the Mistakenly Omitted in Complaint/Sought relief-nunc pro tunc (construed as a motion to amend); IT IS RECOMMENDED re 1 Complaint that: (1) Plaintiff be ordered to pay the full $400 filing fee required to commence this action within 30 days, and that Plaintiff be notified that his failure to pay the full $400 fee within 30 days will result in the dismissal of his action; and (2) the Court certify that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith. Objections to R&R due by 10/28/2016. Signed by Magistrate Judge Stephanie K. Bowman on 10/11/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 5, 2016
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DECISION AND ENTRY DECLINING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4) AND GRANTING PETITIONER'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (Doc. 5). Signed by Judge Timothy S. Black on 12/5/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 28, 2017
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REPORT AND RECOMMENDATION signed by Magistrate Judge Stephanie K. Bowman on 2/28/17. IT IS RECOMMENDED THAT: All of plaintiffs claims for relief be dismissed with prejudice pursuant to 28 U.S.C. ยงยง 1915(e)(2)(B) and 1915A(b)(1), with the exception of the following: (1) plaintiff's Eighth Amendment excessive force claims against defendants Rardin, Southworth, Neff, Parish, John Doe, and Workman based on plaintiff's allegation that these officers attacked him upon his arrival to SOCF; (2) his excessive force claim against Sgt. Bear based on the January 17, 2017 attack; (3) his deliberate indifference claim against Dr. Ahmed Fiscal; and (4) plaintiff's conditions of confinement claims at SOCF, including plaintiff'otification.)s claims regarding wheelchair accessibility, against defendants Warden Erdos, Dyer, and Bear. Objections to R&R due by 3/14/2017. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic n
April 18, 2017
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DECISION AND ENTRY ADOPTING 12 REPORT AND RECOMMENDATIONS. Accordingly, IT IS ORDERED that all of the claims contained in the complaint shall be dismissed excepting the following: (1) Eighth Amendment excessive force claims against defendants Rardin, Southworth, Neff, Parish, John Doe, and Workman based on plaintiff's allegation that these officers attacked him upon his arrival to SOCF; (2) excessive force claim against Sgt. Bear based on the January 17, 2017 attack; (3) deliberate indifference claim against Dr. Ahmed Fiscal; (4) conditions of confinement claims at SOCF, including plaintiff's claims regarding wheelchair accessibility, against defendants Warden Erdos, Dyer, and Bear. Signed by Judge Timothy S. Black on 4/18/17. (gs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 12, 2017
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ORDER denying Plaintiff's non-dispositive motions 14 15 16 17 33. Signed by Magistrate Judge Stephanie K. Bowman on 6/12/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 12, 2017
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REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT: (1) Defendant Southworth should be dismissed sua sponte based upon his death in July 2015; (2) Plaintiff's motion to dismiss the Defendant previously identified as John Doe 24 should be GRANTED; (3) All of Plaintiff's motions seeking to amend the caption of the docket of this case, and/or for entry of default judgment or other substantive relief against any and all Defendants 20 22 23 35 36 38 39 should be DENIED in full, including the multi-part portions of those motions. Objections to R&R due by 6/26/2017. Signed by Magistrate Judge Stephanie K. Bowman on 6/12/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 16, 2017
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DECISION AND ENTRY ADOPTING 22 REPORT AND RECOMMENDATIONS. Defendant Southworth is DISMISSED from this case based upon his death in July 2015. Plaintiff's motion to dismiss the Defendant previously identified as John Doe (Doc. 24) is GRANTED. All of Plaintiff's motions seeking to amend the caption of the docket of this case, and/or for entry of default judgment or other substantive relief against any and all Defendants (Docs. 20, 22, 23, 35, 36, 38 & 39) are DENIED. Signed by Judge Timothy S. Black on 8/16/17. (sct) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 12, 2017
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OPINION AND ORDER - IT IS ORDERED THAT: (1) Plaintiff's motion to investigate 48 is DENIED; (2) The Court will take no further action on the document captioned as "Mandamus With Mittimus Necessity" 50; (3) Plaintiff's duplicate motion to strike Answer and motion for relief from prior order by the undersigned magistrate judge 57, to the extent construed as motions for reconsideration of prior rulings, is DENIED. However, to the extent that any portion of Document 57 may be construed as objections to the prior Order of the undersigned magistrate judge under Rule 72(a), the motion should be resubmitted as objections to the presiding district judge; (4) Plaintiff's motion for relief from Void Bias Judgment 59 likewise is DENIED to the extent construed either as a motion for reconsideration of prior rulings or a motion seeking recusal of the undersigned magistrate judge. To the extent that the same motion may be construed as objections to a prior Order of the undersigned magistrate judge, it should be resubmitted as objections to the presiding district judge; (5) Defendant's motion for leave to file Dr. Ahmed's Answer Instanter, and the joint motion of all Defendants for leave to file an Amended Answer 62 63 are GRANTED, with the Answers to be filed; (6) In light of paragraph 5 of this Order and the filing of Defendant Dr. Ahmed's Answer, Plaintiff's application for the ministerial entry of default by the Clerk of Court 60 shall be stayed; (7) Defendants shall file any response to Plaintiff's motion for preliminary injunction and temporary restraining order 58 by 9/18/2017, with Plaintiff to file any reply not later than 10/2/2017, following which the undersigned shall issue a Report and Recommendation on all dispositive motions that are then pending and fully ripe, including but not limited to Plaintiff's motion for entry of default judgment against Defendant Dr. Ahmed. Signed by Magistrate Judge Stephanie K. Bowman on 9/12/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 2, 2017
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OPINION AND ORDER - IT IS ORDERED THAT: (1) Plaintiff's motion for stipulations about discovery procedure 64 is DENIED; (2) Notwithstanding paragraph 1 of this Order, Defendants shall respond to the written discovery requests attached as an exhibit to Plaintiff's motion (Doc. 64-1) as if those requests had been properly served on Defendants instead of filed of record; (3) Plaintiff's motion to reassign case, as construed as a motion for recusal 72 is DENIED; (4) Plaintiffs multipart motion for relief of parts of magistrate [judge]'s order, and motion to strike 73 is DENIED; (5) Consistent with the undersigned's last Order and the discussion above, Docket Entries 57 59 and 73 should be submitted to the presiding district judge so that he may determine, in his discretion, whether to construe any of those motions as Objections to prior Orders of the undersigned magistrate judge; (6) Due to the number of repetitive and procedurally improper motions filed by Plaintiff to date, requiring the significant expenditure of judicial resources, Plaintiff is STRONGLY CAUTIONED to avoid filing additional frivolous motions prior to the close of discovery on 3/15/2018. If Plaintiff files additional repetitive motions they will be summarily denied without further analysis. Signed by Magistrate Judge Stephanie K. Bowman on 11/2/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 6, 2017
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DECISION AND ENTRY ADOPTING 78 REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's motion for preliminary injunction and a temporary restraining order 58 is DENIED. Plaintiff's application for entry of default, and motion for default judgment against Dr. Ahmed 60, 61 is DENIED. Plaintiff's multi-part motion to strike and to order the state to cease torture, etc. 68 is DENIED. Plaintiff's motion for preliminary injunction 74 is DENIED. Plaintiff's motion for judgment on the pleadings 76 is DENIED. Signed by Judge Timothy S. Black on 12/5/17. (gs) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)