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.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
HAMILTON COUNTY
TREASURER,
Plaintiff,
vs.
DERRYN N. NESBITT, et al.,
Defendants.

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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

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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

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