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16-240 - Gilmore v. Montgomery County Common Pleas Court


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16-240 - Gilmore v. Montgomery County Common Pleas Court
June 15, 2016
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REPORT AND RECOMMENDATIONS - Because this Court has no subject matter jurisdiction to consider Mr. Gilmore's case, it is respectfully recommended that the case be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Because reasonable jurists would not disagree with this conclusion, the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 7/5/2016. Signed by Magistrate Judge Michael R. Merz on 6/15/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 23, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #3); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. #4); DISMISSING COMPLAINT (DOC. #2) WITHOUT PREJUDICE TO REFILING IN A COURT OF COMPETENT JURISDICTION; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 6/23/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)