United States District Court

SOUTHERN DISTRICT OF OHIO

DeCastro v. Wagner, et al

Federal

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.

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.

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

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