Givens v. Shadyside Police Department et al

Filing 10

REPORT AND RECOMMENDATIONS that the Court (1) DENY Plaintiff's First, Second, and Third Motions to proceed in forma pauperis (Doc. 1 , 3 , 8 ) and ORDER him to pay the $402.00 filing fee required to commence this action w/in thi rty (30) days; (2) ADVISE Plaintiff that his case will be dismissed for want of prosecution w/in thirty (30) days if he does not pay the filing fee in full; (3) CERTIFY pursuant to 28 USC §1915(a)(3) that an appeal of any Order adopting this Rep ort and Recommendation would not be taken in good faith. Objections to R&R due by 5/10/2023. Signed by Magistrate Judge Kimberly A. Jolson on 4/26/2023. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 2:22-cv-04268-EAS-KAJ Doc #: 10 Filed: 04/26/23 Page: 1 of 9 PAGEID #: 107

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
GREG GIVENS,
Plaintiff,
v.
SHADYSIDE POLICE DEPARTMENT,
et al.,

Civil Action 2:22-cv-4268
Judge Edmund A. Sargus, Jr.
Magistrate Judge Kimberly A. Jolson

Defendants.
REPORT AND RECOMMENDATIONS
Greg Givens, a pro se litigant who has previously filed in this Court, submitted a civil rights
complaint. (Doc. 1). He did not pay the filing fees required to commence a civil action, but has
asked to proceed in forma pauperis and without paying the fees. See 28 U.S.C. § 1915(a). For the
reasons that follow, the Undersigned RECOMMENDS that the Court DENY his motions. (Doc.
1, 3, 8).
Plaintiff’s first Motion to proceed in forma pauperis (or “IFP”) was filed on December 2,
2022. (Doc. 1). After reviewing the Motion, the Court noted that it was incomplete and directed
Plaintiff to file a second motion to proceed IFP:
In his application, Plaintiff states that, in the past twelve months, he has received
no monthly income and that he has $5.98 in cash on hand or money in a savings
or checking account. (See [Doc. 1] at 3). But Plaintiff did not answer the
questions listed under Sections VI and VII. (Id. at 3 (asking whether Plaintiff
owns any real estate, stocks, bonds, notes, automobiles, or any other valuable
property and asking Plaintiff to list all expenses). So that the Court can ascertain
whether Plaintiff satisfies the standard to proceed in forma pauperis, Plaintiff is
DIRECTED to file another application to proceed in forma pauperis. In it, he
should detail with specificity any assets he owns and his monthly expenses.
(Deficiency Notice, Doc. 2).

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Plaintiff filed a Second Motion to proceed IFP on February 23, 2023. (Doc. 3). Upon
review of that motion, it was still not clear that Plaintiff had provided the Court with full and
accurate information about his financial status. The Court thus gave Plaintiff “a final opportunity
to provide additional information or address the following issues.” (Deficiency Order, Doc. 6).
The Deficiency Order explained the Court’s concerns:
Plaintiff asserts in his IFP Motions that he is not employed. (Doc. 1, PageID 2;
Doc. 3, PageID 82). But in his Complaint, he recounts an event that occurred as
he was traveling “to work at a government office, commuting.” (Doc. 1-1,
PageID 14). He refers to the location as “his government work-place.” (Id.)
This event allegedly occurred on April 12, 2022. (Id.). Thus, it appears that
Plaintiff was working within twelve months of when he filed his IFP Motions.
Relevant to this point, Plaintiff asserts in his IFP Motions that “[w]ithin the past
twelve (12) months,” he has not “received any income from a business, profession
or other form of self-employment, or in the form of rent payments, retirement
benefits, annuity payments, interest or dividends, or any other source[.]” (Doc. 1,
PageID 2; Doc. 3, PageID 82) (emphasis added). At the same time, he says that
he was last employed in August 2022. (Id.). He reveals that he earned $296 a
month from that employment. (Id). But he does not disclose this income in his
answer to the income question, leading the Court to question whether one or both
of the answers is incorrect. Compare also Affidavit of Indigence in State ex rel.
Greg P. Givens v. Village of Shadyside, Ohio, et al., Case No. 2022-1025 (Sup.
Ct. of Ohio, Aug. 17, 2022), available at https://www.supremecourt.ohio.gov/
Clerk/ecms/#/caseinfo/ 2022/1025 (accessed Mar. 17, 2023) 1 (“I am living off of
minimal handyman jobs and food benefits which begin at $16.00 per month.”).
In his Complaint—attached to his First Motion—Plaintiff refers to his business
interests and suggests that Defendant(s) have interfered with his “earnings”
therefrom. (See, e.g., Doc. 1-1, PageID 7, ¶ 12; PageID 8, ¶ 19). He describes
himself as an “operator of mechanical devices, contracting, service and repair of
machines, with his principal place of business in Ohio…” (Doc. 1-1, PageID 8, ¶
14). He explains:
Plaintiff espouses a licensed business based in Ohio and West Virginia,
within this Court’s jurisdiction, distributing licensed, vending, heating and
air conditioning products, intellectual properties and trademarked products
and services, including federally-regulated vending and gaming machines,
refrigeration, HVAC, heating and air handling services, import and export
providing customers and consumers goods and services across interstate
This Court may take judicial notice of court records that are available online to members of the public. See Lynch
v. Leis, 382 F.3d 642, 648 n.5 (6th Cir. 2004) (citing Lyons v. Stovall, 188 F.3d 327, 332 n.3 (6th Cir. 1999)).

1

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lines and in commerce. By virtue of Plaintiff’s trade, profession, and
business, at all times pertinent hereto. Plaintiff is licensed and organized
under the laws and regulations of the United States, doing business in
states of Ohio and West Virginia, and federally-regulated interstate
commerce.
(Doc. 1-1, PageID 9, ¶ 22). The Court is aware from Plaintiff’s other cases in this
and other courts that Plaintiff reportedly operates at least two businesses. See,
e.g., Greg Givens d/b/a Greg’s Vending & Amusements/Gaming Gems v.
Longwell, No. 2:22-cv-3221 (S.D. Ohio); Greg Givens dba/American
Acquisitions, LLC v. Longwell, No. 5:22-cv-193 (N.D.W.V.). In the complaint
filed in the first of these cases, Plaintiff described his “business interests” as
including “high and low-income affordable housing and leasing for the blind and
the elderly, in the acquisition of investment properties and real estate[.]” See
Complaint in Givens v. Longwell, No. 2:22-cv-3221 (S.D. Ohio) (Aug. 24, 2022,
Doc. 3, ¶ 12 therein). No information is provided in the IFP Motions currently
before the Court about business income in the preceding twelve months. (Doc. 1,
3).
Additionally, in his Complaint in this case, Plaintiff refers the Court to several
cases filed in the courts of Belmont County, Ohio, wherein Defendant(s) allegedly
committed perjury. (See, e.g., Doc. 1-1, PageID 12-13). A review of the online
records of the Belmont County Courts reveals that Plaintiff posted a $10,000
“CASH BOND” in Case No. 23CRB00012E on February 23, 2023. See Online
Docket of State of Ohio v. Greg Givens, available by name or case number search
at https://eservices.belmontcountycourts.com/eservices/home.page.8 (accessed
Mar. 17, 2023). Here, Plaintiff asserts in both his IFP Motions that he has only
$5.98 in cash on hand or in a bank account. (Doc. 1, PageID 3; Doc. 3, PageID
83). The Second Motion, notably, was filed the same day Plaintiff posted the
cash bond. (See Doc. 3).
Plaintiff asserts in his Second IFP Motion that he has no real estate, stocks, bonds,
notes, automobiles, or any other valuable property. (Doc. 3, PageID 83). In the
Complaint, however, he refers in the Complaint to “the Givens’ property” or “the
Givens estate” or “the Givens headquarters” with an address on Highland Avenue
in Shadyside, Ohio. (Doc. 1-1, ¶¶ 28, 36, 41). This is the same address that he
gives as “his principal place of business.” (Doc. 1-1, PageID 8, ¶ 14). He also
refers to a car that he drives (Doc. 1-1, ¶ 35) and to a “campaign van” or “the
Givens van” (Doc. 1-1, PageID 12, ¶ 30). He alleges that he has suffered damage
to his (or his business’) “goods, services and investment processes.” (Doc. 1-1,
PageID 21, ¶ 55). In his previous complaint in Longwell, he also referred to his
“real estate investments.” See Complaint in Givens v. Longwell, No. 2:22-cv3221 (S.D. Ohio) (Aug. 24, 2022, Doc. 3, ¶ 17 therein).
Plaintiff asserts here that he has no rent or utility payments, or other bills. (Doc.
3, PageID 83). Yet he recently represented to the Supreme Court of Ohio that he
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was receiving help from relatives “with discounted utility and rents.” See
Affidavit of Indigence in State ex rel. Greg P. Givens v. Village of Shadyside,
Ohio, et al., Case No. 2022-1025 (Sup. Ct. of Ohio, Aug. 17, 2022).
Finally, although not directly relevant to his current financial status, the Court
observes that Plaintiff appears to have dedicated a not insignificant amount of
time and resources to pursuing litigation in state and federal court, most of which
has been dismissed. 2 See generally Gibson v. R.G. Smith Co., 915 F.2d 260, 262
(6th Cir. 1990) (citing Urban v. Nations, 768 F.2d 1497, 1500 (D.C.Cir. 1985))
(recognizing that “courts may prevent a pro se litigant from filing an in forma
pauperis complaint where such a litigant has a long track record of filing
frivolous suits.”).
(Deficiency Order, Doc. 6, PageID 90-93 (footnotes as in original)).
The Court warned Plaintiff that if it was determined that his “allegation of poverty is
untrue,” the Court would be required to dismiss his case. See 28 U.S.C. § 1915(e)(2)(A); Ojose v.
Youngstown State Univ., No. 19-3221, 2019 WL 8301664, at *2 (6th Cir. Dec. 18, 2019). (See
Doc. 6, PageID 94-95). Plaintiff was ordered to “address these issues in a written response,” which
could be in the form of “a third motion to proceed in forma pauperis accompanied by an

2

In this Court, Plaintiff has filed (or caused to be filed) the following cases, in addition to the instant case:
1.
2.
3.
4.
5.

Givens v. Oman & Emirates Investment Holding Co., No. 2:09-cv-800 (dismissed because the
“complaint is a farrago of wild accusations” and failed to state a claim).
Givens v. Loeffler, No. 2:19-cv-617 (dismissed in part for failure to state a claim and in part on
summary judgment).
Givens v. Longwell, No. 2:22-cv-3221 (dismissed for failure to state a claim).
Flanagan v. Givens, No. 2:22-cv-4454 (Plaintiff removed to this Court, and this Court remanded back
to state court, an action to declare him a vexatious litigator under Ohio Rev. Code § 2323.52).
Village of Shadyside v. Givens, No. 2:23-cv-196 (Plaintiff removed to this Court, and this Court
remanded back to state court, an action to declare him a vexatious litigator under Ohio Rev. Code §
2323.52).

In addition, a complaint very similar to the Complaint in this case was recently filed by Carol Givens, who is
mentioned throughout Plaintiff’s Complaint and appears to be Plaintiff’s mother. See Carol Givens v. Shadyside
Police Dep’t, No. 2:22-cv-4252, 2022 WL 17669892, at *2 (S.D. Ohio Dec. 14, 2022) (recommending dismissal of
all but one claim, including all claims made on Greg Givens’ behalf).
A ten-page list of state and federal court cases involving Plaintiff and Carol Givens was recently filed in this Court
in one of the vexatious litigator cases, Village of Shadyside v. Givens, No. 2:23-cv-196 (S.D. Ohio, Jan. 17, 2023).
(See Doc. 1-2, PageID 44-53 therein).

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explanation of the above issues or [Plaintiff] may choose to provide a narrative statement and/or
other documentary evidence.” (Doc. 6, PageID 95).
Plaintiff filed a Third Motion to proceed IFP on March 27, 2023. (Doc. 8). Although the
Court granted him an extension of time to submit additional information (Doc. 7, 9), he did not do
so.
In his Third Motion, as in the the First and Second, Plaintiff represents that he is not
currently employed, was last employed in August 2022 making $296 per month, but has received
no income or money from any source within the past twelve month. (Compare Doc. 1, PageID 2;
Doc. 3, PageID 82, and Doc. 8, PageID 99). Plaintiff attaches an explanation that says:
PLAINTIFF STATES: He is a seasonal worker with the government and county
of Belmont, Ohio in August of 2022, and November 2022, and is only on call for
employment/training for becoming a government worker for a day with the
Belmont County Board of Elections, “at-will”, of the county office for elections,
(which means the work is not guaranteed).
Plaintiff is being sponsored by his assembly of churches to attend full-time
Christian preacher school, and is not permitted to be employed while taking
courses, as part of a commitment to only studies (suggested vow of poverty),
while attending as a full-time student.
Plaintiff has fully reported this information with the Ohio Job and Family
Services, which was not deemed real employment for computation purposes, and
is deemed to be a student with “placement” opportunities within a professional
government firm that handles contracts, and general federal matters., with no
regular employment income to Plaintiff, from all sources in the past 12-months..
The gross total of that income/stipend was $296. Classes were held in April of
2022. Total in May stipend and August of 2022, and $311. In November (paid in
December of 2022). With a Total Annual Gross Income: because of borrowed
vehicle travel (with the Plaintiff does not own).
(Third IFP Motion, Doc. 8, PageID 101 (no alternations in original)).
From this the Undersigned can glean that Plaintiff may have been an election worker in
Belmont County and a student receiving a stipend but without regular employment for some
periods of 2022.

But the Undersigned cannot determine from the incomprehensible final
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paragraph how much income or other money Plaintiff received from all sources in the preceding
twelve months. It does not appear to be large amount.
Plaintiff also says in the Third Motion, as he did previously, that he has no assets
whatsoever and only $5.98 in cash or bank accounts. (Compare Doc. 1, PageID 3; Doc. 3, PageID
83; Doc. 8, Page 100, 102). He addresses the Court’s concern that he apparently posted at $10,000
“CASH BOND” in state court on February 23, 2023 by saying:
in addition, a sham-legal process against Plaintiff has commenced upon issuance
of a Bond, as a matter of false-testimony of Defendant(s) falsely accusing
Plaintiff of petty, teenage “criminal mischief, a minor misdemeanor, associated
with claims that have arisen from the controversies surrounding perjurious
charges made by the Defendant(s) against Plaintiff in the actions.
(Doc. 8, PageID 102). This response does not address the Court’s concern.
Finally, Plaintiff reports having no creditors and paying no rent. (Doc. 8, PageID 100,
103). His monthly expenses are $103/month. (Id., PageID 103). He appears not to own the real
estate or vehicles discussed in the Complaint and the Deficiency Order. (Id., PageID 101-102).
He says that Defendants have prevented him from making any business income. (Id., PageID 102).
Plaintiff does not substantiate or clarify any of the statements in his Third Motion with additional
evidence, except a letter indicating that he receives Medicaid benefits. (Id., PageID 105).
“Proceeding in forma pauperis is a privilege and not a right.” Ohio v. Ealy, No. 1:09-cv245, 2009 WL 1118704, at *1 (S.D. Ohio Apr. 24, 2009) (citing Wilson v. Yaklich, 148 F.3d 596,
603 (6th Cir. 1998)). A litigant need not be absolutely destitute to be granted leave to proceed in
forma pauperis. See Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). But a
litigant does have an obligation of truthfulness in his filings in this Court, as well as a burden to
demonstrate he should be granted in forma pauperis status. See Fed. R. Civ. P. 11; West v.
AFSCME Bldg. Corp., No. 2:22-cv-2235, 2022 WL 18142399, at *1 (W.D. Tenn. Apr. 14, 2022)
(under 28 U.S.C. § 1915, “the Court must conduct a satisfactory inquiry into the plaintiff’s ability
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to pay the filing fee and prosecute the lawsuit. A plaintiff seeking in forma pauperis standing must
respond fully to the questions on the Court’s in forma pauperis form[.]”).
Plaintiff’s IFP Motions seek the benefit of 28 U.S.C. § 1915(a), which permits an indigent
plaintiff to avoid filing fees if he demonstrates by affidavit the inability to pay such fees. In
enacting the original in forma pauperis statute, Congress recognized that a “litigant whose filing
fees and court costs are assumed by the public, unlike a paying litigant, lacks an economic
incentive to refrain from filing frivolous, malicious, or repetitive lawsuits.” 3 Denton v. Hernandez,
504 U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 324 (1989)). Courts are
therefore directed to dismiss a case filed in forma pauperis, or any part of it, that is frivolous,
malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a
defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B).
Another protection written into the statute is the requirement that a court dismiss an action
if it determines that a plaintiff’s “allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A).
“The purpose of this provision is to weed out the litigants who falsely understate their net worth
in order to obtain in forma pauperis status when they are not entitled to that status based on their
Plaintiff was recently designated a vexatious litigator under Ohio Revised Code § 2323.52. See April 20, 2023
Judgment Entry in Flanagan v. Givens, Belmont County Court of Common Pleas Case No. 22 CV 336, available at
https://www.supremecourt.ohio.gov/opinions-cases/clerk-of-court/office/vexatious-litigators-local (accessed April
26, 2023). That court said that it:
3

FINDS that . . . Defendant, Greg P. Givens, habitually, persistently, and without reasonable
grounds instituted approximately fifty (50) civil actions in the Court of Common Pleas, the Court
of Appeals, and in County Courts against multiple parties.
FINDS that these civil actions were not warranted under existing law, and could not be supported
by a good faith argument for an extension, modification, or reversal of existing law; served merely
to harass or maliciously injure the other parties to the civil actions and/or appeals; and were filed
and/or pursued solely for delay.
FINDS that the filing and prosecution of the numerous, meritless civil actions against multiple
defendants, along with the meritless appeals related to these filings, constitutes vexatious conduct
under R.C. 2323.52 (A)(2){a)(b)(c).
(Emphasis in original).

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true net worth.” Jones v. Michigan Dep’t of Hum. Servs., No. 12-14466, 2013 WL 640771, at *1
(E.D. Mich. Feb. 21, 2013) (quoting Attwood v. Singletary, 105 F.3d 610, 613 (11th Cir. 1997))
(cleaned up). A plaintiff who understates the amount of his income or other money received risks
having the case dismissed with prejudice, even if he could not, in truth, afford the filing fee. See
Ojose v. Youngstown State Univ., No. 19-3221, 2019 WL 8301664, at *2 (6th Cir. Dec. 18, 2019)
(where the allegation of poverty is untrue, dismissal is required, but “the district court has
discretion to determine whether the action is dismissed with or without prejudice.”); Johnson v.
Working Am., No. 1:12-cv-1505, 2013 WL 3822232, at *4 (N.D. Ohio July 23, 2013) (citing Vann
v. Comm’r of N.Y. City Dep’t of Correction, 496 F. App’x 113, 116 (2d Cir. 2012) (dismissing
with prejudice where plaintiff misrepresented his financial status, saying: “While Plaintiff may
not have had sufficient funds to pay the filing fee, this does not excuse the fact that he was
untruthful in his Application; i.e. that he falsely stated he was not receiving ‘pay or wages’ at the
time he filed his Application.”).
The Undersigned does not, at this time, conclude that Plaintiff’s allegation of poverty is
untrue and that his case must be dismissed. 28 U.S.C. § 1915(e)(2)(A). The Undersigned does
conclude that Plaintiff has not demonstrated that the Court should allow him to proceed in this
case in forma pauperis and without paying the filing fees. Plaintiff has not, despite three attempts
to do so, sufficiently answered the simple question of how much money he received from any
source during the preceding twelve months. His conflicting or evolving answers on the IFP
Motions, especially when compared with his seemingly contrary statements in the Complaint and
elsewhere, leaves the Undersigned unconvinced that he has been entirely forthcoming with the
Court.

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Most concerning is the unexplained $10,000 cash bond Plaintiff apparently posted in state
court on the same day he told his Court he had only $5.98. (See Doc. 6, PageID 91-92). Plaintiff
does not assert that someone else paid the bond, for example, or that he paid only a portion of it.
He only attacks the criminal charges underlying the case. (Doc. 8, PageID 102). The Undersigned
is unable to reconcile the cash bond with Plaintiff’s representations about his assets and income in
the Motions and thus is unable to conclude that Plaintiff cannot pay the filing fees here and still
continue to provide for the necessities of life. Adkins, 335 U.S. at 339.
Accordingly, the Undersigned RECOMMENDS that:
1. The Court DENY Plaintiff’s First, Second, and Third Motions to proceed in forma
pauperis (Doc. 1, 3, 8) and ORDER him to pay the filing fees of $402 ($350 filing fee,
plus $52 administrative fee) required to commence this action within thirty days.
2. The Court ADVISE Plaintiff that if he does not pay the filing fees in full within thirty
days, that his case will be dismissed for want of prosecution.
3. The Court CERTIFY pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order
adopting this Report and Recommendation would not be taken in good faith.
The Undersigned notes that Plaintiff’s Complaint makes almost identical claims to those raised by
his mother in Carol Givens v. Shadyside Police Department, et al., Case No. 2:22-cv-4252, which
is currently pending before this Court. All but one of those claims were dismissed on April 17,
2023; Plaintiff’s claims here—particularly those that appear to be made on his mother’s behalf—
may face dismissal for similar reasons. See Givens v. Shadyside Police Dep’t, No. 2:22-cv-4252,
2023 WL 2964665 (S.D. Ohio Apr. 17, 2023).

Date: April 26, 2023

/s/Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE
9