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Johnson v. Coe

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

August 2, 2019

ROBERT W. JOHNSON, Plaintiff,
v.
JAMIE COE, et al., Defendants. ROBERT W. JOHNSON, Plaintiff,
v.
JUDGE GEORGE C. SMITH, et al., Defendants. ROBERT W. JOHNSON, Plaintiff,
v.
SETH A. ABEL, et al., Defendants.

          Chelsey M. Vascura Magistrate Judge.

          OPINION AND ORDER

          EDMUND A. SARGUS, JR. CHIEF DOTTED STATES DISTRICT JUDGE.

         This matter is before the Court for consideration of Plaintiff Robert W. Johnson's ("Plaintiff") Objection (Case 2428, ECF No. 9; Case 2490, ECF No. 8; Case 2865, ECF No. 7) to the Magistrate Judge's Report and Recommendation (Case 2428, ECF No. 7; Case 2490 ECF No. 6; Case 2865, ECF No. 5). For the reasons that follow, the Court ADOPTS the Report and Recommendation (Case 2428, ECF No. 7; Case 2490 ECF No. 6; Case 2865, ECF No. 5) and DISMISSES Plaintiffs Objection (Case 2428, ECF No. 9; Case 2490, ECF No. 8; Case 2865, ECF No. 7)

         I.

         Plaintiff, proceeding pro se, recently filed four cases before this Court. The Court dismissed the first action, Johnson v. Nationwide Insurance, No. 2:19-cv-1130 (S.D. Ohio Mar. 26.2019) ("Case 1130"), for failure to state a claim pursuant to 28 U.S.C. § 1915(e). Plaintiff then filed the three above-captioned cases: (1) Johnson v. Coe ("Case 2428"); (2) Johnson v. Smith ("Case 2490"); and (3) Johnson v. Abel ("Case 2865"). All of Plaintiff s claims arise out of a January 2017 car accident, in which Plaintiff alleges he sustained serious injuries. (Case 1130, ECF No. 3).

         A. Case 1130

         On March 27, 2019, Plaintiff filed a Complaint against Nationwide Insurance Company and Victoria Fire and Casualty Company, alleging negligence and violations of Plaintiff s Due Process rights. (Id.). Plaintiff sought punitive damages of $100 million against Defendants for injuries suffered as a result of the 2017 car accident. (Id.). The Magistrate Judge issued a Report and Recommendation recommending that Case 1130 be dismissed because Plaintiffs limited factual assertions did "not support any claim arising under Section 1983 against any of the Defendants." (Case 1130 R&R, ECF No. 7). The district court adopted the Magistrate Judge's finding and dismissed Case 1130 pursuant to § 1915(e). (Case 1130 Order, ECF No. 10).

         B. Case 2428

         Plaintiff's 2428 Complaint asserts claims against six Defendants, including Dr. Richard Weiss, Jamie Coe, Nationwide Insurance, Joan Mahar, Terry J. Griggs, and Victoria Fire and Casualty Company. (Case 2428, ECF No. 1-1). Plaintiff contends that Defendants violated his Due Process rights by denying his request for additional orthopedic surgery or treatment, denying his no-fault insurance claim, and denying Plaintiff's request for transportation services via Victoria Fire and Casualty Company's ACCESS-A-RIDE program. (Id.). Plaintiff seeks $500 million in punitive damages. (Id.).

         C. Case 2490

         In addition to naming Nationwide Insurance and Victoria Fire and Casualty Company as Defendants in Case 2490, Plaintiff also asserts claims against the State of Ohio, Judge George C. Smith, and Magistrate Judge Elizabeth P. Deavers. (Case 2490, ECF No. 2-1). Despite naming other Defendants, Plaintiffs allegations focus on Judges Smith and Deavers. (Id.). Specifically, Plaintiff argues that Judge Deavers violated his Due Process rights and committed fraud by recommending that Case 1130 be dismissed for failure to state a claim. (Id.). In addition, Plaintiff avers that Judge Smith committed fraud by adopting Judge Deavers's Report and Recommendation and denying him the right to a jury trial. (Id.). Plaintiff seeks $800 in punitive damages. (Id.).

         D. Case 2865

         Plaintiffs 2865 Complaint asserts claims against Nationwide Insurance Company, as well as an additional eighty-five Defendants. (Case 2865, ECF No. 1-1). As noted in the Report and Recommendation, Plaintiff "offers no specific allegations relating to any of the defendants." (Case 2428, R&R at 6, ECF No. 5). Instead, Plaintiff claims that "Defendants have committed Due Process violations by not admitting legal representation on Notice of Appearance for Nationwide Insurance." (Case 2865, ECF No. 1-1). Plaintiff also contends that "Defendants are committing fraud by not retaining counsel and filing a Notice of Appearance." (Id.). Plaintiff seeks "punitive damages of $230.6 billion." (Id.).

         E. Litigation ...


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