Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
LARRY EALY, et al.,
Plaintiffs, vs. Civil Action 2:08-CV-1020 Judge Frost Magistrate Judge King OHIO FAIR PLAN UNDERWRITING
ASSOCIATION,
Defendant.
ORDER
On November 5, 2008, the United States Magistrate Judge issued a Report and Recommendation recommending that the action be dismissed for lack of subject matter jurisdiction. Report and Recommendation , Doc. No. 2. This matter is now before the Court on the objection to that Report and Recommendation filed by plaintiff Larry E. Ealy. [1] Objection , Doc. No. 5. The Court has considered the Objection and the Report and Recommendation de novo . See 28 U.S.C. §636(b).
The Report and Recommendation reasoned that, because the Complaint seeks recovery for alleged injury arising from a judgment of the Court of Common Pleas for Franklin County, Ohio, the Rooker-Feldman doctrine, see D.C. Ct. of App. v. Feldman , 460 U.S. 462, 476 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 415-16 (1923), prohibits this Court from considering the claims asserted in this action.
In his Objection , plaintiff Larry E. Ealy continues to refer to orders and a judgment entered by the Court of Common Pleas for Franklin County, Ohio, and in addition refers to orders and judgments of 1 Although the complaint was purportedly filed on behalf of Larry E. Ealy and Belinda Ealy, only Larry E. Ealy signed the complaint. See Complaint , Doc. No. 3.
other courts of the State of Ohio. He also appears to challenge the determination of the state courts that he is a vexatious litigator within the meaning of O.R.C. §2323.52.
Consideration of plaintiff Ealy’s claims are foreclosed to this Court by the Rooker-Feldman doctrine. Moreover, to the extent that plaintiff Ealy seeks to relitigate in this action claims or issues resolved by other courts, the doctrine of res judicata prohibits him from doing so. See Vinson v. Campbell County Fiscal Court, 820 F.2d 194 (6th Cir.1987); see also Johnson's Island, Inc. v. Board of Township Trustees of Danbury Township, 69 Ohio St.2d 241 (1982).
The objections to the Report and Recommendation are DENIED . The Report and Recommendation is ADOPTED AND AFFIRMED . This action is hereby DISMISSED for lack of subject matter jurisdiction.
The Clerk is DIRECTED to enter FINAL JUDGMENT in this action. /s/ Gregory L. Frost Gregory L. Frost United States District Judge
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