United States District Court, S.D. Ohio, Eastern Division
ROBERT W. JOHNSON, Plaintiff,
JAMIE COE, et al., Defendants. ROBERT W. JOHNSON, Plaintiff,
JUDGE GEORGE C. SMITH, et al., Defendants. ROBERT W. JOHNSON, Plaintiff,
SETH A. ABEL, et al., Defendants.
Chelsey M. Vascura Magistrate Judge.
OPINION AND ORDER
A. SARGUS, JR. CHIEF DOTTED STATES DISTRICT JUDGE.
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)
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.
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).
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.).
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.).
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."