Blair v. Hamilton County Courthouse et al, No. 1:2022cv00079 - Document 5 (S.D. Ohio 2022)

Court Description: DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 3 ); 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 Courthouse et al Doc. 5 Case: 1:22-cv-00079-TSB-CMV Doc #: 5 Filed: 07/05/22 Page: 1 of 2 PAGEID #: 22 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION DELFON BLAIR, Plaintiff, vs. HAMILTON COUNTY COURTHOUSE, et al., Defendants. : : : : : : : : Case No. 1:22-cv-79 Judge Timothy S. Black Magistrate Judge Chelsey M. Vascura DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 3); 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 Chelsey M. Vascura. Pursuant to such reference, the Magistrate Judge submitted a Report and Recommendation on March 25, 2022, recommending that this case be dismissed without prejudice and without assessment of the outstanding filing fee. (Doc. 3).1 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 1 This Court issued an Order in Blair v. Hamilton County Justice’s Center, No. 1:22-cv-77, deeming Plaintiff a vexatious litigant and, accordingly, imposing certain requirements upon any of Plaintiff’s future filings. Thus, while the Court adopts this Report and Recommendation, and will dispose of this case without prejudice, any re-filing shall be subject to the prerequisites set forth in the Court’s prior Order and reiterated herein. Dockets.Justia.com Case: 1:22-cv-00079-TSB-CMV Doc #: 5 Filed: 07/05/22 Page: 2 of 2 PAGEID #: 23 that the Report and Recommendation should be and is hereby adopted in its entirety. Accordingly: 1. The Report and Recommendation (Doc. 3) is ADOPTED; 2. The above-referenced civil action is hereby DISMISSED without prejudice and without assessment of the outstanding filing fee. Should Plaintiff re-file this civil action, he SHALL list this case, 1:22-cv-79, as a related case; 3. As Plaintiff Delfon Blair has been deemed a VEXATIOUS litigant, Plaintiff may not refile this or any other case, 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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