United States District Court, S.D. Ohio, Eastern Division
A. SARGUS, JR. CHIEF JUDGE
REPORT AND RECOMMENDATION
Terence P. Kemp United States Magistrate Judge
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.
Mr. Isreal's Claim
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
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
Plaintiff Isreal request of this court to allow the freedom
of information request to be completed.
Isreal attached 47 pages of exhibits to his original
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
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
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.
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 ...