Hobbs v. Faulkner et al
Filing
46
DECISION AND ORDER DENYING TO STRIKE 45 . Signed by Magistrate Judge Michael R. Merz on 9/13/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
RYAN D. HOBBS,
Plaintiff,
-
vs
:
Case No. 1:17-cv-441
District Judge Michael R. Barrett
Magistrate Judge Michael R. Merz
-
DEREK FAULKNER, et al.,
Defendants.
:
DECISION AND ORDER DENYING TO STRIKE
This case is before the Court on Plaintiff’s Motion to Strike the order of Transfer (ECF
No. 45).
Plaintiff first asserts that a transfer of the reference cannot take place without “the express
written permission of M.J. Stephanie K. Bowman.” Id. at PageID 1100. On the contrary, nothing
in the General Orders of this Court requires that the consent of Magistrate Judges to reference
transfers be in writing. However, in this case Magistrate Judge Bowman did consent by email.
The Motion questions whether
Judge Merz has the requisite expertise, experience, or adequate legal
precipts [sic] to adjudicate a claim for which his knowledge and
background is solely makes [sic] ruling on federal habeas
proceedings, not § 1983 litigation, and I wish not to have this
litigation as a learning instrument from a judge who is more
acquainted with habeas cases.
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Id. The undersigned has been a United States Magistrate Judge since 1984 and has handled
hundreds of cases under § 1983. Presently he is the assigned Magistrate Judge in In re Ohio
Execution Protocol Litigation, Case No. 2:11-cv-1016, and has handled six of the consolidated
cases on unanimous consent of the parties. Of course, every case is a learning opportunity when
correctly viewed, and the undersigned looks forward to continuing to learn from this case.
Finally, Mr. Hobbs says he “would like to know if there is [sic] any law clerks who are
ghost writing the opinions of this Court for Judge Merz whose impartiality, bias, and possible
plagiarism in adopting the legal writing of his clerks without due notification to me and to this
Court.” Id. at PageID 1101. Every federal judge is responsible under the Constitution and his or
her oath of office for every judicial filing that bears his or her signature, whether or not he or she
has had assistance in drafting it. Assistance in drafting is one of the principal purposes of having
law clerks and using them for that purpose is not “ghost writing” or “plagiarism.” Nevertheless,
the undersigned assures Plaintiff that every word in every filing in this case that has been signed
by the undersigned has been composed personally from scratch.
September 13, 2018.
s/ Michael R. Merz
United States Magistrate Judge
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