Jacobs v. Alam et al

Filing 314

ORDER Denying Motion for Record Request 309 and Application to Proceed Without Prepaying Fees or Costs 313 . Signed by District Judge Denise Page Hood. (LSau)

Case 2:15-cv-10516-DPH-SDD ECF No. 314, PageID.8438 Filed 10/18/23 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDUARDO JACOBS,
Plaintiff,
Case No. 15-10516
v.
Hon. Denise Page Hood
RAYMON ALAM, et al.,
Defendants.
_______________________________/
ORDER DENYING MOTION FOR RECORD REQUEST AND
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS
This matter is before the Court on a Motion for Record Request,
Notice of Appeal, Writ of Certiorari and an Application to Proceed Without
Prepaying Fees or Costs on Appeal filed on October 16, 2023.

(ECF Nos.

309, 310, 311, 313)
On December 3, 2019, the jury returned a verdict of no cause of
action and a Judgment was entered against Jacobs.

(ECF Nos. 261, 262)

The Court entered an Order Denying Plaintiff=s Motion for New Trial.
No. 296)

Jacobs appealed the matter.

(ECF

On January 21, 2021, the Sixth

Circuit Court of Appeals entered and Order affirming the Judgment and
Mandate issued on February 17, 2021.
since filed a few Notices of Appeal.

(ECF Nos. 299, 300) Jacobs has

(ECF Nos. 301, 307, 310, 311)

The

Case 2:15-cv-10516-DPH-SDD ECF No. 314, PageID.8439 Filed 10/18/23 Page 2 of 3

latest order entered by the Sixth Circuit Court of Appeals dismissed the
appeal for lack of jurisdiction. See Jacobs v. Alam, Case No. 23-1265 (6th
Cir. June 2, 2023).
Addressing first Jacobs= Motion of Record Request, it appears he is
requesting the audio and video of his complete trial in Case No.
2:15-cv-10516.

There are no audio and video recordings of his trial.

Jacobs= Motion fo Record Request is denied.
As to Jacobs= application to proceed without prepaying fees, the
Court denies the application because the latest order from the Sixth Circuit
dismissed Jacobs= previous appeal for lack of subject matter jurisdiction.
Based on this order by the Sixth Circuit, any new appeal will likely again be
dismissed for lack of subject matter jurisdiction.

The Court finds that

Jacobs= most recent filing of a Notice of Appeal is frivolous and will not be
taken in good faith. Accordingly,
IT IS ORDERED that the Motion for Record Request (ECF No. 309)
is DENIED.
IT IS FURTHER ORDERED the Application to Proceed Without
Prepaying Fees or Costs on appeal (ECF No. 313) is DENIED.
appeal from this Order is frivolous and is not taken in good faith.

Any
28

U.S.C. ' 1915(a)(3); Coppedge v. United States, 369 U.S. 438, 445 (1962),

Case 2:15-cv-10516-DPH-SDD ECF No. 314, PageID.8440 Filed 10/18/23 Page 3 of 3

McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6thCir. 1997)(overruled
on other grounds by Jones v. Bock, 549 U.S. 199 (2007)).
s/Denise Page Hood
DENISE PAGE HOOD
United States District Judge
DATED: October 18, 2023

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