Bonds v. Daley et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS: 1) The Report and Recommendation 51 of the United States Magistrate Judge is adopted as the Opinion of the Court; 2) Plaintiff Todd Bonds' Motion for Summary Judgment 40 is denied; 3) Defendants James Daley and Marc Brandt's Motion for Summary Judgment 41 is granted; 4) Defendants' Motion to Declare Plaintiff a Vexatious Litigator 44 is granted. Plaintiff is enjoined from filing any future pro se civil actions in this Court withoutthe prior written authorization of the Court. The Clerk of Court shall refuse to file or docket any civil complaint, regardless of how styled or the basis for relief sought, unless the Court authorizes the filing o f such action. To obtain such authorization, Plaintiff must: a) Send a one-page letter to the Court requesting permission to file suit; b) Include a typewritten complaint, of a form Civil Rights complaint [E.D.KY. Form 520], which must describe the facts of his case and his claims withreasonable particularity; and c) Pay the required fees; 5) Plaintiff is permanently barred and enjoined from proceeding in forma pauperis before the Court; and 6) A Judgment in favor of Defendants will be entered contemporaneously herewith. Signed by Judge David L. Bunning on 5/24/2018.(ECO)cc: COR w/copy of Order mailed to Todd Bonds at address listed on the docket sheet.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT COVINGTON
CIVIL ACTION NO. 17-8-DLB-EBA
TODD BONDS
V.

PLAINTIFF
ORDER ADOPTING
REPORT AND RECOMMENDATION

JAMES DALEY, et al.

DEFENDANTS
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This matter is before the Court upon the Report and Recommendation (“R&R”) of
United States Magistrate Judge Edward B. Atkins (Doc. # 51), wherein he recommends
that the Court deny Plaintiff Todd Bonds’ Motion for Summary Judgment (Doc. # 40),
grant Defendants James Daley and Marc Brandt’s Motion for Summary Judgment (Doc.
# 41), and grant Defendants’ Motion to Declare Plaintiff a Vexatious Litigator. (Doc. #
44). No objections having been filed1, and the time to do so having now expired, the R&R
is ripe for the Court’s consideration. The Court having reviewed the R&R, and concluding
that it is sound in all respects, and being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1)

The Report and Recommendation (Doc. # 51) of the United States

Magistrate Judge is adopted as the Opinion of the Court;

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Although Plaintiff filed a Notice of Appeal of Magistrate Judge Atkins’ R&R (See Doc. # 52), the R&R
was not a final and appealable Order. In any event, no substantive objections of any kind have been filed
by Plaintiff to the R&R.
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(2)

Plaintiff Todd Bonds’ Motion for Summary Judgment (Doc. # 40) is denied;

(3)

Defendants James Daley and Marc Brandt’s Motion for Summary Judgment

(Doc. # 41) is granted;
(4)

Defendants’ Motion to Declare Plaintiff a Vexatious Litigator (Doc. # 44) is

granted. Plaintiff is enjoined from filing any future pro se civil actions in this Court without
the prior written authorization of the Court. The Clerk of Court shall refuse to file or
docket any civil complaint, regardless of how styled or the basis for relief sought, unless
the Court authorizes the filing of such action. To obtain such authorization, Plaintiff must:
(a)

Send a one-page letter to the Court requesting permission to file suit;

(b)

Include a typewritten complaint, of a form Civil Rights complaint

[E.D.KY. Form 520], which must describe the facts of his case and his claims with
reasonable particularity; and
(c)
(5)

Pay the required fees;

Plaintiff is permanently barred and enjoined from proceeding in forma

pauperis before the Court; and
(6)

A Judgment in favor of Defendants will be entered contemporaneously

herewith.
This 24th day of May, 2018.

K:\DATA\ORDERS\Cov17\17-8 Order Adopting R&R.docx

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