Howard v. Supreme Court of Ohio et al

Filing 247

ORDER denying 240 Motion to Set Aside. Signed by Judge Algenon L. Marbley on 12/22/2009. (cw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION GREGORY T. HOWARD, Plaintiff, v. OHIO SUPREME COURT, et al., Defendants. : : : : : : : : :

Case No. 2:07-CV-0514 Judge Algenon L. Marbley Magistrate Judge Terrence Kemp

ORDER This matter is before the Court on Plaintiff, Gregory T. Howard's ("Howard") Motion to Set Aside. (Doc. 240.) Howard argues that pursuant to Federal Rule of Civil Procedure 60(b) "mistake, inadvertence, surprise, or excusable neglect" provides a basis for relief. Fed. R. Civ. P. 60(b). On June 9, 2008, Howard was ordered to obtain leave of this Court before filing any subsequent motions. (Doc. 224.) On July 15, 2009, this Court denied Howard's request to vacate this Court's prior order dismissing his Complaint and Amended Complaint for failure to state a claim upon which relief can be granted and for lack of jurisdiction. (Doc. 239.) Subsequent to Howard's filing of the Motion to Set Aside, the Sixth Circuit1 affirmed the judgments of this Court and the Supreme Court denied certiorari. (Docs. 242, 246.) Howard's Motion is therefore DENIED. IT IS SO ORDERED. s/Algenon L. Marbley ALGENON L. MARBLEY UNITED STATES DISTRICT COURT Dated: December 22, 2009

The Sixth Circuit denied all pending motions and directed the Clerk's Office "not to accept any additional filings from Howard in this appeal, other than a properly filed motion for panel rehearing or a petition for rehearing en banc." (Doc. 242.)

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