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Isreal v. Holbrook

United States District Court, S.D. Ohio, Eastern Division

May 16, 2017

Michael Isreal, Plaintiff,
v.
Judge Michael Holbrook, et al., Defendants.

          EDMUND A. SARGUS, JR. CHIEF JUDGE

          REPORT AND RECOMMENDATION

          Terence P. Kemp United States Magistrate Judge

         Michael Isreal, proceeding pro se, filed this action on February 7, 2017, naming as defendants Franklin County Common Pleas Court Judge Michael Holbrook and Franklin County Clerk of Court Maryellen O'Shaughnessy. Defendants have moved to dismiss Mr. Isreal's complaint and Mr. Isreal has responded. For the following reasons, the Court will recommend that the motion to dismiss be granted.

         I. Mr. Isreal's Claim

         As noted, Mr. Isreal filed his original complaint on February 7, 2017. According to the Court's docket, service was executed as to Judge Holbrook on February 15, 2017. The Court's docket does not reflect service on Ms. O'Shaughnessy. On March 2, 2017, Mr. Isreal filed an amended complaint. The original complaint stated, in its entirety:

On February 3, 2016, Plaintiff Isreal filed a freedom of information request with the common pleas court requesting (2) cd copys filed with the court. As of February 7, 2017, only (1) cd has been transmitted to the court of appeals. Judge Holbrook has denied Plaintiff Isreals motion for a complete record to be transmitted to the court of appeals.
Note: Judge Holbrook dismissed Isreals case on February 9, 2016, however, he still is denying Isreal's rights to full discovery. See the attached exhibits leading up to the present.
RELIEF SOUGHT
Plaintiff Isreal request of this court to allow the freedom of information request to be completed.

         Mr. Isreal attached 47 pages of exhibits to his original complaint.

         Mr. Isreal's amended complaint contains the following additional allegations. Initially, Mr. Isreal describes a slip and fall negligence case he filed against State Auto. Apparently, in connection with that case, State Auto refused to provide a CD to Mr. Isreal. According to Mr. Isreal, this CD was supposed to show the slip and fall incident that occurred on February 15, 2010. Ultimately, Mr. Isreal obtained a copy of the CD from defense counsel and filed it with the Franklin County Court of Common Please Clerk's office.

         Further, Mr. Isreal describes a hearing directed to motions to compel held at his request before Judge Holbrook. Mr. Isreal explains that a court reporter was present but did not record the proceeding. Mr. Isreal, however, recorded that proceeding on his phone, had it transcribed, and filed 2 CDs with the Clerk's office.

         Finally, Mr. Isreal alleges that, shortly after the filing, Judge Holbrook signed out the CDs from the file room. According to Mr. Isreal, only one of these CDs has been transmitted to the Court of Appeals. Mr. Isreal seeks $1.5 million dollars in damages for the denial of his right to public information. Mr. Isreal attaches 49 pages of exhibits to his amended complaint, many of which are duplicates of the documents attached to his original complaint.

         Mr. Isreal's response to the motion to dismiss contains additional clarification of his claim. Following a brief introduction in which he cites 42 U.S.C. §1983 as the basis for his claim, Mr. Isreal provides the following information stated here as he ...


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