Blair v. Hamilton County Justice's Center, No. 1:2022cv00077 - Document 9 (S.D. Ohio 2022)

Court Description: DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 5 ); and terminating this case on the Court's docket. Signed by Judge Timothy S. Black on 7/5/2022. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Blair v. Hamilton County Justice's Center Doc. 9 Case: 1:22-cv-00077-TSB-SKB Doc #: 9 Filed: 07/05/22 Page: 1 of 2 PAGEID #: 36 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION DELFON BLAIR, Plaintiff, vs. HAMILTON COUNTY JUSTICE’S CENTER, Defendant. : : : : : : : : Case No. 1:22-cv-77 Judge Timothy S. Black Magistrate Judge Stephanie Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5); AND TERMINATING THIS CASE ON THE COURT’S DOCKET This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge submitted a Report and Recommendation on April 19, 2022, recommending that this case be dismissed with prejudice and that Plaintiff be deemed a vexatious litigant, thereby subjecting any future filing to certain prerequisites. (Doc. 5). No objections were filed to the Report and Recommendation, and the time for doing so has now expired. 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 relevant filings in this case. Upon consideration of the foregoing, the Court finds that the Report and Recommendation should be and is hereby adopted in its entirety. Accordingly: 1. The Report and Recommendation (Doc. 5) is ADOPTED; Dockets.Justia.com Case: 1:22-cv-00077-TSB-SKB Doc #: 9 Filed: 07/05/22 Page: 2 of 2 PAGEID #: 37 2. The above-referenced civil action is hereby DISMISSED with prejudice; 3. Plaintiff Delfon Blair is deemed a VEXATIOUS litigant and is accordingly ENJOINED from filing any new actions in this Court, without either: (a) submitting a certification from an attorney who is licensed to practice in this Court or the State of Ohio, stating there is a good faith basis for the claims Plaintiff seeks to assert; or (b) tendering a proposed complaint for review by this Court prior to filing to determine if there is a good faith basis for the claims Plaintiff seeks to assert; 4. The Clerk shall enter judgment accordingly, whereupon this case shall be TERMINATED on the docket of this Court; and 5. Pursuant to 28 U.S.C. § 1915(a), the Court certifies that an appeal of this Order would not be taken in good faith and, therefore, this Court DENIES Plaintiff leave to appeal in forma pauperis. IT IS SO ORDERED. Date: s/Timothy S. Black Timothy S. Black United States District Judge 7/5/2022 2

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