Sayyah v. Hermon et al

Filing 45

ORDER denying 43 Motion to Vacate Default; adopting Report and Recommendation re 44 . Plaintiff is enjoined and prohibited from filing any further motions or papers in this case, unless such motions or papers are certified as non-frivolous by an attorney. This injunctive relief will not apply to any appeal of this Order to the Sixth Circuit. The Clerk of Court is DIRECTED not to accept any such pleadings from plaintiff absent compliance with the above restrictions, and is instructed to dispose of such documents accordingly. Signed by Judge Sandra S Beckwith on 8/1/16. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION John Sayyah, Plaintiff v. Case No. 1:15-cv-326 Judge Herman, et al., Defendants ORDER This matter is before the Court on the Magistrate Judge’s Report and Recommendation filed July 1, 2016 (Doc. 44). 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. Plaintiff’s motion to vacate the improper default judgment is DENIED. Plaintiff is enjoined and prohibited from filing any further motions or papers in this case, unless such motions or papers are certified as non-frivolous by an attorney. This injunctive relief will not apply to any appeal of this Order to the Sixth Circuit. The Clerk of Court is DIRECTED not to accept any such pleadings from plaintiff absent compliance with the above restrictions, and is instructed to dispose of such documents accordingly. Date: August 1, 2016 s/Sandra S. Beckwith Sandra S. Beckwith, Senior Judge United States District Court 2

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