Hamilton County Treasurer v. Nesbitt et al

Filing 10

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5 ). Signed by Judge Timothy S. Black on 1/11/2017. (mr)(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 HAMILTON COUNTY TREASURER, Plaintiff, vs. DERRYN N. NESBITT, et al., Defendants. : : : : : : : : : Case No. 1:16-cv-1114 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5) This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on December 9, 2016, submitted a Report and Recommendation. (Doc. 5). Defendants filed objections on December 27, 2016. (Doc. 7). 1 As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does 1 Defendants’ objections erroneously argue that the Magistrate Judge did not have authority to issue a Report and Recommendation on this case without their consent. The objections, which are rambling and cite no relevant authority throughout their 37 pages, do not address the clear lack of grounds for removal in this case as outlined by the Magistrate Judge in her Report and Recommendation. determine that such Report and Recommendation should be and is hereby adopted in its entirety. Accordingly, IT IS ORDERED as follows: 1) Defendants’ removal petition (Doc. 4) is DENIED; 2) This case is REMANDED to the Hamilton County Board of Revision; 3) Defendants’ remaining motions (Docs. 8, 9) are DENIED AS MOOT; 4) Defendants are ORDERED to pay the amount of $100.00 to the Clerk of Court as a sanction for filing a wholly frivolous petition of removal in this case; 5) The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Order would not be taken in good faith and therefore Plaintiff is denied leave to appeal in forma pauperis. IT IS SO ORDERED. Date: 1/11/2017 Timothy S. Black United States District Judge 2

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