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16-1114 - Hamilton County Treasurer v. Nesbitt et al


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16-1114 - Hamilton County Treasurer v. Nesbitt et al
December 9, 2016
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REPORT AND RECOMMENDATIONS: It is RECOMMENDED that Defendants' removal petition should be DENIED for lack of subject matter jurisdiction, and this case be REMANDED to the Hamilton County Court of Common Pleas. In addition to remanding this case, the Court should require Defendants to pay the amount of $100.00 to the Clerk of Court as a sanction for filing a wholly frivolous petition for removal of this case. The Court should certify pursuant to 28 U.S.C. ยง 1915(a) that for the foregoing reasons an appeal of this Order would not be taken in good faith and therefore deny Defendants leave to appeal in forma pauperis. Defendants remain free to apply to proceed in forma pauperis in the Court of Appeals. Objections to R&R due by 12/27/2016. Signed by Magistrate Judge Stephanie K. Bowman on 12/8/16. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 22, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS: It is recommended that the 5 REPORT AND RECOMMENDATIONS shall remain unchanged EXCEPT that any erroneous references to the Hamilton County Court of Common Pleas should be corrected to the Hamilton County Board of Revision, from which the Defendants removed this litigation. In short, the prior recommendation to remand the improperly removed proceeding shall stand, but paragraph 1 of the prior R&R should be corrected to read that remand should be to the Hamilton County, Ohio Board of Revision (Case No. RF 1600100). Objections to R&R due by 1/5/2017. Signed by Magistrate Judge Stephanie K. Bowman on 12/22/16. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 11, 2017
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5). Signed by Judge Timothy S. Black on 1/11/2017. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)