United States District Court, S.D. Ohio, Western Division
REPORT AND RECOMMENDATION
L. Litkovitz United States Magistrate Judge.
pro se, plaintiff brings this action under the Freedom of
Information Act ("FOIA"), 5 U.S.C. § 552. This
matter is before the Court on plaintiffs motion for a
preliminary injunction (styled as "Emergency Motion for
a Preliminary Junction/Request for Order to Show Cause/Date
for Hearing"). (Doc. 19).
was granted leave to proceed in forma pauperis in
this action on May 1, 2017. (Doc. 2). Plaintiff filed his
complaint that same day. (Doc. 3). On September 21, 2017, the
undersigned issued a Report recommending that plaintiffs
motion for default judgment (Doc. 12) be denied. (Doc. 20).
The undersigned ordered that service be perfected on
defendants within sixty days. (Id.). Defendants
filed an answer to plaintiffs complaint on October 23, 2017.
(Doc. 22). On October 24, 2017, the undersigned entered a
calendar order setting the discovery deadline for April 24,
2018 and the dispositive motion deadline for May 24, 2018.
filed his motion for a preliminary injunction on September
19, 2017. (Doc. 19). Defendants have not filed a response in
Preliminary Injunction Motion
motion for a preliminary injunction, plaintiff argues that
"[t]he government never verified the existence of a $4,
000, 000 prior to indicting Carter and filing pleadings in
this Court." (Doc. 19 at 1). Plaintiff maintains that
this failure violates his constitutional right to due process
and causes "irreparable harm and injury daily."
(Id.). Plaintiff seeks an injunction requiring
defendants, including the "United States Department of
Justice and its officials, attorneys, employees, agents,
assigns, representatives, witnesses, and all those working in
agreement, conspiracy or concert with the Defendant" to:
1. Refrain from its false claim that a $4, 000, 000 debt
exist or existed between PNC Bank, fka National City Bank
("PNC") and CBST Acquisition LLC, a Dynus
Corporation subsidiary ("Dynus") until such time
the government provides certified and authenticated PNC Bank
records for Dynus to be true and correct by a PNC Record
Custodian under penalty of perjury which shows the authentic
existence of a $4, 000, 000 debt "records" as
requested in the Verified Complaint;
2. Refrain from its false claim that Government Exhibit 3.19
contains the legal name and entity of CBST Acquisition LLC
and represents a certified and authenticated $4, 000, 000
demand upon CBST Acquisition LLC until such time the
government provides such records as requested in Item 1
3. Refrain from its false claim that a $9, 500 financial
relationship exists or existed between Dynus and Mary C.
"Kay" Rogers until such time the government
provides such information as requested in Exhibit A of the
Verified Complaint; and
4. Refrain from its false claim that the FBI 302 Statements
of local Cincinnati, Ohio PNC Bank Executives, Vince Rinaldi
("Rinaldi") and Ralph Martinez
("Martinez"), and others, regarding the authentic
existence of a $4, 000, 000 debt, as entered by Defendant
attorney, Mr. Benjamin Glassman, U.S. Attorney for the
Southern District of Ohio into the record in Case No.
1:09-CR-051, Docket No. 166, pursuant to an Order of this
court (Id., Docket No. 164), are true and correct
and can be wholly relied upon by this court until such time
the government provides such records as requested in Item 1
(Doc. 19 at 2).
further states that without an injunction and court
intervention, he has "no remedy to prevent the false and
injurious claims and allegations by government attorneys and
investigators, their abuse of power as law enforcement
employees, and their malicious and wrongful prosecution of a
black business ...