Garrett et al v. West Chester Police Department et al

Filing 79

ORDER adopting Report and Recommendation re 77 ; 1) The complaint against John Hand is DISMISSED without prejudice for lack of proper service; The Hamilton County defendants motion for summary judgment is GRANTED and judgment is granted in favor of John Ruebusch and the Hamilton County Sheriffs Department; The complaint against Richard Barrett (Previous 7441 Apt. 10" is DISMISSED sua sponte; Plaintiffs motions for leave to amend the complaint are DENIED; Plaintiffs motion to review and exa mine the Property Room to identify any unreturned items that the Defendants, illegally confiscated and did not return is DENIED AS MOOT; The Hamilton County defendants and West Chester defendants motions for sanctions are GRANTED, and plaintiffs are SANCTIONED as set forth in this Order. Signed by Judge Sandra S Beckwith on 5/28/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Farnolia Garrett, et al.,
Plaintiffs
v.

Case No. 1:13-cv-499

West Chester Police
Department, et al.,
Defendants

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed February 21, 2014 (Doc. 77).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file
objections to the Report and Recommendation in a timely manner. See United States
v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections
to the Magistrate Judge’s Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the
Magistrate Judge’s Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED as follows:
1) The complaint against John Hand is DISMISSED without prejudice for
lack of proper service;
2) The Hamilton County defendants’ motion for summary judgment is
GRANTED and judgment is granted in favor of John Ruebusch and the Hamilton
County Sheriff’s Department;
3) The complaint against “Richard Barrett (Previous 7441 Apt. 10" is
DISMISSED sua sponte;

4) Plaintiff’s motions for leave to amend the complaint are DENIED;
5) Plaintiff’s motion to “review and examine the Property Room to identify any
unreturned items that the Defendants, illegally confiscated and did not return” is
DENIED AS MOOT;
6) The Hamilton County defendants and West Chester defendants’ motions for
sanctions are GRANTED, and plaintiffs are SANCTIONED as follows:
1) Any complaint plaintiffs seek to file in this Court is
to include a copy of this Order adopting the Report and
Recommendation; the complaint will be subject to initial
judicial review to determine if plaintiffs seek to re-litigate
the same disputes underlying this case; and in the event the
proposed complaint seeks to re-litigate the same disputes
underlying this case, monetary sanctions will be imposed;
and
2) Plaintiffs will be strongly admonished that monetary
sanctions in the form of attorney fees may be imposed
under Rule 11 if they engage in future filings in this lawsuit
that are deemed frivolous or presented for an improper
purpose under Rule 11.
This case is CLOSED.
SO ORDERED.

Date: May 28, 2014
s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court

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