Which Lawyers Win Before Your Judge?

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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-11-02
Status INACTIVE
Type Miscellaneous Other
Docket 16 entries

Parties

Plaintiff Terry Foster
Defendant Rape Crisis Center
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Docket Entries

  1. COMPLAINT FILED. SERVICE REQUEST - SUMMONS BY CERTIFIED MAIL TO THE DEFENDANT(S).
  2. USPS RECEIPT NO. 52285117 DELIVERED BY USPS 11/13/2023 RAPE CRISIS CENTER PROCESSED BY COC 11/22/2023.
  3. JUDGMENT ENTRY(52329184) SENT BY REGULAR MAIL SERVICE. TO: RAPE CRISIS CENTER 2937 WEST 25TH STREET, 2FL. CLEVELAND, OH 44113-0000
  4. JUDGMENT ENTRY(52329183) SENT BY REGULAR MAIL SERVICE. TO: TERRY FOSTER 1001 OLIVESBURG ROAD MANSFIELD, OH 44905-0000
  5. AFFIDAVIT OF INDIGENCY, FILED 11/02/2023, IS GRANTED. JE FILED OSJ. "IN GENERAL, A COURT MAY DISMISS A COMPLAINT ON ITS OWN MOTION PURSUANT TO CIV.R. 12(B)(6) ONLY IF THE PARTIES ARE GIVEN NOTICE OF THE COURT'S INTENTION TO DISMISS AND AN OPPORTUNITY TO RESPOND." MOORE V. HOUSES ON THE MOVE, INC., 8TH DIST. CUYAHOGA NOS. 89478 AND 90068, 2008-OHIO-3552, 13. "THE EXCEPTION TO THIS RULE IS WHERE THE COMPLAINT IS FRIVOLOUS OR THE CLAIMANT OBVIOUSLY CANNOT PREVAIL ON THE FACTS ALLEGED IN THE COMPLAINT." ID. SEE ALSO HARDESTY V. WAUGH REAL ESTATE HOLDINGS, 9TH DIST. SUMMIT NO. 30184, 2022-OHIO-4270, P.11 ("THE ONLY INSTANCES WHEN A SUA SPONTE DISMISSAL OF COMPLAINT WITHOUT NOTICE IS APPROPRIATE IS WHEN THE COMPLAINT IS FRIVOLOUS OR THE PLAINTIFF CANNOT SUCCEED ON THE FACTS STATED IN THE COMPLAINT."). THE COURT FINDS PLAINTIFF'S COMPLAINT IN THIS MATTER IS FRIVOLOUS ON ITS FACE, RAISING POLITICAL AND CULTURAL ISSUES OVER WHICH THIS COURT HAS NO JURISDICTION. FURTHERMORE, THE CLAIMANT OBVIOUSLY CANNOT PREVAIL ON THE FACTS ALLEGED IN THE COMPLAINT. PLAINTIFF'S COMPLAINT IS THEREFORE DISMISSED. THERE IS NO JUST REASON FOR DELAY. IT IS SO ORDERED. COURT COST ASSESSED AS DIRECTED. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  6. SUMS COMPLAINT(52285117) SENT BY CERTIFIED MAIL. TO: RAPE CRISIS CENTER 2937 WEST 25TH STREET, 2FL. CLEVELAND, OH 44113-0000
  7. WRIT FEE
  8. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  9. LEGAL RESEARCH
  10. LEGAL AID
  11. COURT SPECIAL PROJECTS FUND
  12. COMPUTER FEE
  13. CLERK'S FEE
  14. LEGAL NEWS
  15. AFFIDAVIT OF INDIGENCY, FILED
  16. CASE FILED

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