United States District Court

SOUTHERN DISTRICT OF OHIO

DeCastro v. Wagner et al

  • US District Court, Southern District of Ohio
  • Case Number: 1:22-CV-00204
  • Source: PACER ($) Visit Website
  • Source: CourtListener Visit Website
  • Defendants: Pam Wagner, Brad Spoljaric, Chance Blankenship, Evan McKnight, Ofc. Fouch, 'Major' Chapman, Jane Doe, City of Ironton, and Lawrence County
  • Identity Resolution: Full Name (FML), Address, Phone, Email, Self-Admission, Related Cases
  • Status/Resolution: Dismissed
  • ❌ Scored as a Loss for DeCastro

COMPLAINT with JURY DEMAND against Chance Blankenship, Chapman, City of Ironton, Jane Doe, Fouch, Lawrence County, Evan McKnight, Brad Spoljaric, Pam Wagner, filed by Jose Maria Decastro.

On December 6, 2022, Order and Judgement was issued dismissing the case, granting [EFC 23] which requested it be 'dismissed with prejudice" when Mr. DeCastro failed to reply again. On December 7, Mr. DeCastro filed a motion to have the dismissal reversed and sent his reply. On December 13th the Court allowed for additional filings and vacated the order that would have dismissed the case with prejudice.

On August 3, 2023, the Judge DISMISSED Mr. DeCastro's complaint after GRANTING the County Defendant's motion to DISMISS and GRANTING the City Defendant's motion for judgement on the pleadings.

Shortly afterwards, Jose DeCastro filed motions to reconsider, for leave to file a 2nd amended complaint, and other actions in an attempt to revive the case. On September 26, 2023, the Court dismissed his motions.

September 26, 2023
The Judge has made it clear that the case has been dismissed with prejudice and cannot be refiled [58].

October 5, 2023
Plantiff has appealed the decision in this case to the 6th Circuit Court of Appeals

June 25, 2024
6th Circuit Court of Appeals has DENIED DeCastro's appeal. Document 64 is a copy of the order.

Docket / Document List

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  • 65. 07/17/24: MANDATE: Pursuant to the court's disposition that was filed 06/25/2024 the mandate for this case hereby issues today.
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  • 64. Entry of Judgement (From Appeal to the 6th Circuit Court)
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  • 64. 06/25/24: Judge's Order Filed (Ruling from Appeal to the 6th Circuit Court)
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  • 63. 01/02/24: Pro se Appenant's Brief filed in appeal (Copy posted to this docket)
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  • 62. 11/20/23: USCA Appeal Fees (Receipt for Appeal Payment of $505)
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  • 61. 10/06/23: USCA Case Number
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  • 60. 10/02/23: Plaintiff's Notice of Appeal
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  • 59. 09/26/23: CORRECTED CLERK'S JUDGMENT pursuant to [58] Order signed by Judge Michael R. Barrett on 9/26/2023.
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  • 58. 09/26/23: ORDER - Plaintiff's [49] [51] motions for reconsideration are DENIED. The [55] motion for leave to file a second amended complaint is DENIED as moot. The [50] motion to correct the judgment is GRANTED.
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  • 57. 09/18/23: Plaintiff's Reply to Defendant's Response to Motion
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  • 56. 09/16/23: LAWRENCE COUNTY DEFENDANTS’ RESPONSE IN OPPOSITION TO PLAINTIFF’S MOTION TO VACATE AND LEAVE TO FILE SECOND AMENDED COMPLAINT
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  • 55. Exhibit Proposed Complaint (48 Pages)
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  • 55. 09/08/23: Motion to Vacate Judgement and Leave to File Second Amended Complaint (7 Pages)
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  • 54. 09/06/23: Defendants Combined Respose in Opposition to Plaintiff's Motions To Reconsider
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  • 53. 08/29/23: PLAINTIFF’S REPLY TO LAWRENCE COUNTY DEFENDANTS’ RESPONSE IN OPPOSITION TO PLAINTIFF’S SECOND MOTION TO RECONSIDER
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  • 52. 08/23/23: Defendants' Response in Opposition to Plaintiff's Second Motion to Reconsider
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  • 51. 08/18/23: Second MOTION for Reconsideration re [47] Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment on the Pleadings, by Plaintiff
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  • 50. 08/18/23: MOTION TO CORRECT re [48] Clerk's Judgment by Plaintiff Jose Maria Decastro
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  • 49. 08/16/23: Plaintiff's MOTION to Reconsider
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  • 48. 08/03/23: CLERK'S JUDGMENT pursuant to 47 Order signed by Judge Michael R. Barrett on 8/3/2023
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  • 47. 08/03/23: ORDER granting [21] County Defendants' Motion to Dismiss for Failure to State a Claim and [23] City Defendants' Motion for Judgment on the Pleadings
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  • 46. 07/31/23: RULE 26(f) REPORT by Defendants Blankenship, Fouch, McKnight, Spoljaric, Wagner
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  • 45. 07/17/23: OPINION AND ORDER. Protective order [39] is DENIED + Other Orders. Rule 26(f) Meeting Report due by 7/31/2023.
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  • 44. 05/30/23: REPLY to Response to Motion [39] RE WAGNER, SPOLJARIC, And Others
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  • 43. 05/30/23: REPLY to Response to Motion [39] RE CHAPMAN, DOE, AND LAWRENCE COUNTY
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  • 42. Exhibit A
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  • 42. 05/25/23: Response in Opposition to Motion
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  • 41. **** Clerk did not file any Documents in Docket #41 ****
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  • 040. Exhibit 1
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  • 040. 05/22/23: RESPONSE in Opposition re 39 MOTION for Protective Order
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  • 39. Exhibit 1
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  • 39. 05/15/23: Motion for Protective Order
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  • 38. 04/11/23: ORDER granting 37 Plaintiff's Motion to Obtain Electronic Case Filing Rights
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  • 37. 04/04/23: MOTION by Pro Se Litigant to Obtain Electronic Filing Rights
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  • 36. 02/10/23: REPLY to Response to Motion re 23 MOTION for Judgment on the Pleadings filed by Defendants
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  • >> 02/09/23: NOTATION ORDER granting [35] <<
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  • 35. Exhibit 2
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  • 35. Exhibit 1
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  • 35. 02/09/23: MOTION for Leave to File Exhibit Manually by Defendants
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  • >> 01/26/23: NOTATION ORDER granting [34] <<
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  • 34. Text of Proposed Order
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  • 34. Exhibit D
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  • 34. Exhibit C
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  • 34. Exhibit B
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  • 34 Exhibit A
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  • 34. 01/25/23: MOTION for Extension of Time to File Response/Reply as to [23] MOTION for Judgment on the Pleadings New date requested 2/10/2023
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  • 33. 01/24/23: REPLY to Response to Motion [re 29] MOTION for Extension of Time to File Response/Reply New date requested 12/7/20/22
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  • 32. 01/13/23: RESPONSE in Opposition to [21] Defendants' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and [23] MOTION for Judgment on the Pleadings filed by Plaintiff
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  • >> 01/13/23: Notation Order: This matter is before the Court on Plaintiff's 29 Motion for Leave <<
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  • 31. 12/13/22: RESPONSE in Opposition re 29 MOTION for Extension of Time to File Response/Reply New date requested 12/7/20/22
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  • 30. Exhibit D
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  • 30. Exhibit C
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  • 30. Exhibit B
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  • 30. Exhibit A
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  • 30. 12/08/22: RESPONSE in Opposition re [29] MOTION for Extension of Time to File Response/Reply New date requested 12/7/20/22. filed by Defendants
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  • 21. Response
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  • 29. 12/07/22: MOTION for Extension of Time to File Response Two Days Late by Plaintiff Jose Maria Decastro
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  • 28. 12/06/22: [VACATED per 1/13/23 Notation Order] CLERK'S JUDGMENT pursuant to 27 Order signed by Judge Michael R. Barrett on 12/6/2022.
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  • 27. 12/06/22: [VACATED per 1/13/23 Notation Order] ORDER granting 21 Defendants' Motion to Dismiss for Failure to State a Claim and 23 Motion for Judgment on the Pleadings
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  • 26. 11/07/22: Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 11/30/2022
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  • 25. 10/24/22: Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 11/17/2022
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  • 24. 09/29/22: Notice of Substitution of Counsel
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  • 23. Exhibit E
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  • 23. Exhibit D
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  • 23. Exhibit C
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  • 23. Exhibit B
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  • 23. Exhibit A
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  • 23. 09/29/22: MOTION for Judgment on the Pleadings by Defendants
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  • 22. 09/29/22: ANSWER to [20] Amended Complaint filed by Chance Blankenship, City of Ironton, Robert Fouch, Evan McKnight, Brad Spoljaric, Pam Wagner
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  • >> 09/20/22: Notation Order: This matter is before the Court on Plaintiff's [20] Amended Complaint <<
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  • 21. 12/20/22: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants
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  • 20. USB Drive included with Amended Complaint
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  • 20. 09/15/22: AMENDED COMPLAINT with Jury Demand filed by Jose Maria Decastro
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  • 19. 08/15/22: ORDER re [18] Plaintiff's Response to Show Cause Order, rescinding [16] [17] Orders to Show Cause
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  • 18. 08/11/22: RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff
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  • 17. 07/21/22: ORDER TO SHOW CAUSE - Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 8/11/2022
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  • 16. 06/29/22: ORDER TO SHOW CAUSE - Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 7/22/2022
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  • 15. Exhibit B
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  • 15. Exhibit A
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  • 15. 06/21/22: MOTION for Judgment on the Pleadings by Defendants
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  • 14. 06/21/22: Clerk's Notice of Non-Compliance Local Rule 5.1 (c) | Docket (13) Motion
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  • 13. Exhibit B
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  • 13. Exhibit A
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  • 13. 06/20/22: MOTION for Judgment on the Pleadings by Defendants
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  • 12. 05/11/22: ANSWER to [1] Complaint, with Jury Demand
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  • 11. 05/11/22: Notice of Appearance
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  • 10. 05/11/22: Notice of Appearance
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  • 9. 05/11/22: Notice of Appearance
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  • 8. 05/11/22: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
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  • 7. 04/28/22: Notice of Appearance
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  • 6. 04/28/22: Notice of Appearance
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  • 5. 04/14/22: Summons Issued
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  • 4. 04/13/22: Summons Issued
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  • 3. 04/13/22: Filing Fee Received: $ 402.00, receipt number 100CIN044116
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  • 2. 04/13/22: NOTICE of Manual Filing by Plaintiff Jose Maria Decastro
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  • 1. Civil Cover Sheet
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  • 1. Exhibit
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  • 1. 04/13/22: COMPLAINT with JURY DEMAND
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The Public Documents

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Identity Resolution

We manually connect multiple key data points - like names, birthdates, emails, phone numbers and more - in the documents we find on social media and court websites. The more matching data points, the more confidence we have that the posted file, image, or document belongs to Jose Maria "Chille" DeCastro, aka DeleteLawZ. We look for multiple matches before publishing a record. If you feel that we have incorrectly included a record, please use the Contact Us form on this website and we will review the data points to ensure the accuracy of the information.