Garrett et al v. West Chester Police Department et al

Filing 77

ORDER that the West Chester defendants' joint motion 44 to quash subpoena/stay discovery is Denied as Moot. Plaintiff's motion 49 for discovery is Denied as Moot. REPORT & RECOMMENDATION that the 3 complaint against defendant john H and be Dismissed without prejudice for lack of proper service; the Hamilton County defendants' motion for summary judgment 64 be Granted and judgment be granted in favor of defendants John Ruebusch and the Hamilton County Sheriff's Depart ment (RECI) on all claims against them; the complaint against defendant "Richard Barrett (Previous 7441 Apt. 10)" be Dismissed sua sponte pursuant to 28 USC 1915(e)(2)(B)(ii); plaintiff's motion for leave to amend the complaint to add "Denorver Garrett, Et. Al" as plaintiff's 63 be Denied; Plaintiffs' motion for leave to amend the complaint to add "Miller Valentine Group Tall Timber Apts. Owner Where the Plaintiffs, lived" as a defednant 58 be Den ied; Plaintiff F. Garrett's motion to "review and examine the Property Room to identify any unreturned items that the Defendants, illegally confiscated and did not return" 56 be Denied as Moot; the Hamilton County defendants and West Chester defendants' motion for sanctions 34 and 43 be Granted, and that plaintiff be sanctioned as follows: (1) any complaint plaintiffs seek to file in this Court should include a copy of any Order adopting this Report and Recommendation; the complaint should be subject to initial judicial review to determine if plaintiffs seek to re-litigate the same disputes underlying this case, monetary sanctions should be imposed; and (2) Plaintiffs should be strongly admonished that monetary sa nctions in the form of attorneys fees may be imposed under Rule 11 if they engage in future filings in this lawsuit that are deemed friviolous or presented for an imporper purpose under Rule 11. ( Objections to R&R due by 5/8/2014). Signed by Magistrate Judge Karen L. Litkovitz on 4/21/2014. (art)