Osterbur v. Illinois Environmental Protection Agency et al

Filing 21

ORDER adopting Report and Recommendations 19 entered by Chief Judge Michael P. McCuskey on 9/26/2011. The Defendant's Motion to Dismiss the Federal Defendants as Party Defendants 10 is GRANTED. Defendant's Motion to Dismiss for Lack o f Personal Jurisdiction 7 filed by the Illinois Defendants is MOOT and this case is remanded to the Circuit Court of Champaign County. This case is terminated. Accordingly, the pro se Motions 17 and 18 are MOOT. Copy of written order mailed to pro se plaintiff, James Frank Osterbur, 2191 County Road 2500 E, St Joseph, IL 61873. (DE, ilcd)

E-FILED

Monday, 26 September, 2011 02:56:15 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
_____________________________________________________________________________
JAMES F. OSTERBUR,
)
)
Plaintiff,
)
v.
)
Case No. 11-CV-2023
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY, et al.,
)
)
Defendants.
)
ORDER
On September 14, 2011, Magistrate Judge David G. Bernthal filed a Report and
Recommendation (#19) in this case. Judge Bernthal recommended that Defendants’ Motion to
Dismiss the Federal Defendants as Party Defendants (#10) be granted. Judge Bernthal further
recommended that Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction (#7) filed by
the Illinois Defendants be deemed moot and that the case be remanded to state court for further
proceedings. On September 20, 2011, Plaintiff filed a pro se Objection (#20) to the Report and
Recommendation.1
This court has carefully reviewed Judge Bernthal’s Report and Recommendation (#19) and
Plaintiff’s pro se Objection (#20). This court notes, as it has in previous cases filed by the pro se
Plaintiff, that this review has been complicated by Plaintiff’s rambling and mostly unintelligible
filings with this court. Following this court’s careful and thorough de novo review, this court agrees

1

This court notes that, in Case No. 10-CV-2277, this court entered an Order and
enjoined Plaintiff from “filing any further lawsuits, motions or pleadings in the United States
District Court, Central District of Illinois, all divisions (other than habeas corpus petitions and
criminal cases in which he is a party defendant) unless those lawsuits, pleadings and motions are
filed through counsel (emphasis in original).” This court ordered that the clerks in all divisions
of the Central District of Illinois are directed to return unfiled any papers that Plaintiff attempts
to file that do not comply with this order. However, because this case was filed by the pro se
Plaintiff prior to the entry of this court’s Order in Case No. 10-CV-2277, this court has
considered Plaintiff’s pro se Objections to the Report and Recommendation.

with and accepts Judge Bernthal’s Report and Recommendation. This court completely agrees that
“Plaintiff’s complaint is merely a naked assertion that the federal government should take action in
some unspecified way, similar to Plaintiff’s numerous other cases filed in this Court that have been
deemed frivolous.” This court further agrees that Plaintiff cannot show that he is plausibly entitled
to relief. Accordingly, this court agrees that Defendants’ Motion to Dismiss the Federal Defendants
as Party Defendants (#10) should be granted. This court also agrees that the case should be
remanded to state court and the Motion to Dismiss for Lack of Personal Jurisdiction (#7) filed by
the Illinois Defendants should be deemed moot.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#19) is accepted by this court.
(2) The Defendants’ Motion to Dismiss the Federal Defendants as Party Defendants (#10)
is GRANTED.
(3) Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction (#7) filed by the Illinois
Defendants is MOOT and this case is remanded to the circuit court of Champaign County.
(4) This case is terminated. Accordingly, the pro se Motions (#17, #18) filed by Plaintiff are
MOOT.
ENTERED this 26th day of September, 2011
s/ Michael P. McCuskey
MICHAEL P. McCUSKEY
CHIEF U.S. DISTRICT JUDGE

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