STEPHANIE K. BOWMAN, Magistrate Judge.
Plaintiff, a prisoner currently incarcerated at the Southern Correctional Facility (SOCF) and a prolific litigant in both the state and federal courts of Ohio,
The undersigned initially filed an R&R recommending that Plaintiff's motion to proceed in forma pauperis be denied, as he had previously filed at least three cases in this Court that had been dismissed at the screening stage, and had failed to demonstrate "imminent danger" under 28 U.S.C. § 1915(g). However, the presiding district judge rejected that R&R on December 5, 2016, determining that Plaintiff had "adequately alleged imminent harm in a manner sufficient to allow the Court to grant him in forma pauperis status," (Doc. 9 at 3, PageID 37). Thereafter, the undersigned conducted a full screening of the merits of Plaintiff's claims under 28 U.S.C. § 1915(e) and permitted the following of Plaintiff's claims to proceed:
(Doc. 12 at 12, PageID62; adopted at Doc. 25). The undersigned directed the U.S. Marshal to serve a copy of the complaint as supplemented upon Defendants Rardin, Southworth, Neff, Parish, Workman, Bear, Faisal, Erdos and Dyer. (Doc. 18).
To date, service has been perfected on Defendants Rardin, Parish, Bear, Erdos and Dyer, but has not yet been perfected on Defendants Southworth, Neff, Workman, or Dr. Ahmed Fiscal. Recently, the Court received notice that Defendant Southworth is deceased. On May 16, 2017, the Court directed the Ohio Attorney General to supply additional information for Defendants Workman, Ahmed [Fiscal]
In the meantime, Plaintiff has inundated this Court by filing 18 motions through June 2, 2017. By separate R&R filed this same day, the undersigned has addressed all of Plaintiff's dispositive motions. This Opinion and Order is intended to address Plaintiff's remaining non-dispositive motions. A separate Order addresses the issue of service of the remaining Defendants.
Several of Plaintiff's motions appear to be in the nature of objections to one or both of the prior R&Rs filed by the undersigned, and therefore are moot, given Judge Black's subsequent Orders rejecting the first R&R and adopting the second R&R. For example, on March 8, 2017. Plaintiff filed a motion "to Correct Plaintiff's Motion for Partial Objections of R&R Combined with Motions to Issue Serv. On Defendant and Reserve Completion of Objection at Earliest of Able — Within Ninety Days." (Doc. 14). In addition to the referenced issues, the motion generally contains many complaints about the denial of envelopes from the commissary, the denial of access to a shower, and multiple other conditions that Plaintiff alleges are in violation of his rights.
The Court declines to consider Plaintiff's iteration of additional complaints and allegations about the conditions of his confinement in the context of this motion. The eighteen motions he has filed thus far in this case, in addition to the objections previously filed and considered by the presiding district judge, confirm that Plaintiff is not being denied his right of access to this Court. Plaintiff also has already amended his complaint once as of right, as his supplemental filing previously was considered by this Court to establish imminent danger. Plaintiff's objections to the R&Rs have already been considered by Judge Black, and service has been issued. Service on the remaining Defendants is addressed by separate Order. Therefore, the motion filed as Docket Entry 14 will be denied as moot.
On March 8, 2017, Plaintiff filed a second motion entitled "Motion of Exhibit from Roger Wilson." (Doc. 15). To the extent that Plaintiff is seeking to file any form of "evidence" in support of his underlying complaint, as amended, the motion is procedurally improper. Evidentiary exhibits may be filed to support a dispositive motion (typically filed at the close of discovery) or — rarely — in other circumstances to support specific relief. The motion filed by Plaintiff merely reiterates general and specific claims made in his underlying complaint. The motion is procedurally improper and there exists no basis for admitting the attached exhibit; therefore, the motion will be denied.
A third motion filed on March 8, 2017 is entitled "Notion Iss. Serv. Set. Identi. Of John Doe Combined Motion for Extension of Time Pro Object R&R (Doc. 12) /w Exhibits Attatched Hereto 3:01-04 [sic]." (Doc. 16). To the extent this this motion concerns service on John Doe, it is denied as moot in light of the recommended dismissal of that Defendant. The motion also appears to be moot in other respects. The evidentiary exhibits attached to the motion are procedurally improper and will not be further considered for the reasons previously stated.
On March 14, 2017, Plaintiff filed a fourth motion captioned as "Applicability of the Rules In general filed under Burden of Estopple [sic]." (Doc. 17). Again, Plaintiff reiterates and adds to the allegations that form the subject matter of his complaint; those allegations will not be considered in the context of this motion. Attached to the motion is another motion captioned as a "Brandeis Brief Herein — Petitioner's Combined Amendment/Supplemental Request, Pursuant `Extreme' Estopple [sic] & Motion to Investigate After Previous Inadequate Investigation of True Status Quo on Court's Behalf." (Doc. 17 at 3). The arguments contained therein appear to be duplicative of several dispositive motions seeking judgment as a matter of law, and/or prior cases filed by Plaintiff in this court or other courts, including but not limited to seeking Plaintiff's discharge from imprisonment. (Doc. 17 at 8). To the extent the motion is duplicative, it is denied as such. To the extent that it seeks non-dispositive relief, including an order directing defendants to "properly investigate," (Doc. 17 at 9), it is denied both on procedural grounds and as without substantive merit.
The final nondispositive motion addressed by this Order is Plaintiff's motion for the appointment of counsel, filed by Plaintiff on May 22, 2017. (Doc. 33). Civil litigants are not entitled to the appointment of counsel, absent exceptional circumstances not present here.
For the reasons stated,