Noble v. Husted et al
Filing
8
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 4 Report and Recommendation in all respects. The Court DISMISSES WITH PREJUDICE Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). The Court also CERTIFIES, pursuant to 28 U.S.C. & #167; 1915(a)(3), that any appeal of our Order adopting the Magistrate Judge's Report and Recommendation would not be taken in good faith, and thus any application to appeal in forma pauperis should be denied. Plaintiff remains free, however, t o apply to proceed in forma pauperis in the Court of Appeals. The Court further STRIKES Plaintiff's Reply to Report and Recommendation 5 and ORDERS the Clerk to strike the document in its entirety from the docket. Signed by Judge S Arthur Spiegel on 10/29/2013. (km1) (Additional attachment(s) added on 10/29/2013: # 1 Certified Mail Receipt) (km1).
<![CDATA[
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
QUEEN NOBLE,
:
:
:
:
:
:
:
:
:
Plaintiff,
v.
JON HUSTED, et al.,
Defendants.
This
Stephanie
matter
K.
comes
NO. 1:13-cv-00666
ORDER
before
Bowman’s
the
Court
September
on
27,
Magistrate
2013
Judge
Report
and
Recommendation (doc. 4), a copy of which was sent to Plaintiff
by
certified
mail,
return
receipt
requested,
along
with
the
Magistrate Judge’s Order granting Plaintiff’s application for
leave
to
proceed
in
forma
pauperis
and
authorizing
the
commencement of her action without prepayment of costs and fees
under 28 U.S.C. § 1915(a)(1).
both
pleadings
was
returned
Although the envelope containing
to
the
Clerk
with
the
notation
“Return to Sender/Attempted – Not Known/Unable to Forward” (see
docs. 6, 7), it is apparent that Plaintiff had notice of their
entry and content, as she filed a pleading (dated September 30,
2013 and docketed October 1, 2013) entitled “Plaintiff’s Reply
1
to Report and Recommendations” (doc. 5).
We reprint the body of
Plaintiff’s pleading below:
This matter is before the court hereafter known ass
frivolous malicious old ass nazis described in the below
photos. The frivolous malicious old ass nazis employed to
bench, wouldn't know justice if it kicked them their ugly
flat ass. The frivolous malicious old ass nazis bench in
this stolen country ain't that a kick their ugly flat ass
The frivolous malicious old ass nazis has wasted tax payers
currency granting Mother and Political candidate Queen
Noble a fee waiver in pursuit of their nazi injustice in
this stolen country.
Frivolous malicious old ass nazis are infamous in abusing
bench jobs fore the foregoing reason that will give rise to
humanity kicking racist nazi ass in The Court Yard of Law
(founded by Queen Noble)
Frivolous malicious nazis are physically repulsive cowards,
criminals, murderers, thieves and child abusers with jobs
ha ha. The frivolous malicious old ass nazi benchers are in
fact cohorts and conspirators further aggravating against
the best interest of Queen Noble's rights, will and ability
to be made whole.
Upon
consideration,
the
Court
finds
that
Plaintiff’s
“reply”
consists solely of matter that is immaterial, impertinent and
scandalous.
therefore,
On
we
the
hereby
authority
ORDER
of
the
Fed.
Clerk
R.
to
Civ.
strike
P.
12(f)(1),
“Plaintiff’s
Reply to Report and Recommendations” (doc. 5) in its entirety
from the docket.
Returning to the matter before us, we observe that proper
notice was provided to Plaintiff under 28 U.S.C. § 636(b)(1)(C),
2
including the advice that she would waive further appeal if she
failed
to
file
an
objection
to
the
September
27
Report
and
Recommendation in a timely manner. See United States v. Walters,
638 F.2d 947, 949-50 (6th Cir. 1981).
Because we have ordered
the
Reply
Clerk
to
strike
“Plaintiff’s
to
Report
and
Recommendations” from the docket, no objection is before the
Court. Nevertheless, out of an abundance of caution we have
reviewed de novo all portions of the Magistrate Judge’s Report
and Recommendation and we conclude that it is thorough, wellreasoned and correct.
Accordingly, the Court ACCEPTS, ADOPTS
and AFFIRMS the Magistrate Judge’s Report and Recommendation in
every respect and DISMISSES WITH PREJUDICE Plaintiff’s Complaint
pursuant to 28 U.S.C. § 1915(e)(2)(B).
The
Court
also
CERTIFIES,
pursuant
to
28
U.S.C.
§
1915(a)(3), that any appeal of our Order adopting the Magistrate
Judge’s Report and Recommendation would not be taken in good
faith, and thus any application to appeal in forma pauperis
should be denied.
Cir.
1997).
See McGore v. Wrigglesworth, 114 F.3d 601 (6th
Plaintiff
remains
free,
however,
proceed in forma pauperis in the Court of Appeals.
to
apply
to
Callihan v.
Schneider, 178 F.3d 800, 803-04 (6th Cir. 1999), overruling in
3
part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th
Cir. 1997).
SO ORDERED.
Dated:
October 29, 2013
s/S. Arthur Spiegel_____________
S. Arthur Spiegel
United States Senior District Judge
4
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