1:25-cv-00559•Young v. United States of America/Republican Party et al
Young v. United States of America/Republican Party et al
1:25-cv-00559Ohsd12.12.2025
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JUSTIN E. YOUNG, Case No. 1:25-cv-559 Plaintiff, Cole, J. Litkovitz, M.J. vs. REPUBLICAN PARTY, et al., REPORT AND Defendants. RECOMMENDATION This matter is before the Court on plaintiff’s motion to reopen (Doc. 19). Plaintiff Justin Young initiated this action against the United States of America/Republican Party, Texas, the Supreme Court of Ohio, the Justice Department, “Red” States, Donald Trump, Jr., the Federal Bureau of Investigation, the Department of the Treasury, the Social Security Administration, and many other defendants, alleging social security fraud, treason, and other claims. (Docs. 1-1, 1-4, 1-5, and 1-6). Plaintiff was granted leave to proceed in forma pauperis, and the Court performed a sua sponte review of plaintiff’s complaints, as required by 28 U.S.C. § 1915(e)(2)(B). The Court reviewed plaintiff’s second amended complaint, and, on August 27, 2025, the undersigned issued a Report and Recommendation to dismiss for failure to state a claim on which relief could be granted. (Doc. 6). Although the Report and Recommendation specifically notified plaintiff that he could object to the Report and Recommendation within fourteen days (Doc. 6 at PAGEID 491), plaintiff failed to file written objections. “The failure to file written objections to a magistrate judge’s report and recommendation waives a de novo determination by the district court of any issues addressed in the report and recommendation.” Sowell v. United States, No. 2:23-cv-1683, 2025 WL 588641 (S.D. Ohio Feb. 24, 2025) (citing Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985)); see also Berkshire v. Dahl, 928 F.3d 520, 530 (6th Cir. 2019). Case: 1:25-cv-00559-DRC-KLL Doc #: 21 Filed: 12/12/25 Page: 1 of 5 PAGEID #: <pageID>
2 On September 25, 2025, the District Judge adopted the Report and Recommendation, and the Clerk entered judgment accordingly. (See Docs. 17, 18). Plaintiff then filed the instant motion (Doc. 19) and another amended complaint (Doc. 20). Plaintiff’s filing is not labeled, but the Court will construe it liberally as a motion for relief from judgment since judgment has been entered in this matter and plaintiff attempted to file another complaint.1 (see generally Docs. 19, 20). “Following entry of final judgment, a party may not seek to amend their complaint without first moving to alter, set aside or vacate judgment pursuant to either Rule 59 or Rule 60 of the Federal Rules of Civil Procedure.” In re Ferro Corp. Derivative Litig., 511 F.3d 611, 624 (6th Cir. 2008) (quoting Morse v. McWhorter, 290 F.3d 795, 799 (6th Cir. 2002)). Rule 59 addresses post-trial motions and does not apply here, since this matter was dismissed without trial. (See Doc. 17). Rule 60(b) provides for relief from an order or judgment for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged; it is based on an 1 Plaintiff’s newest complaint alleges that “America is being attacked by our own President” and seeks a “real serious probe into Trump’s DOGE and the Social Security Administration!” (Doc. 20 at PAGEID 701). Plaintiff further notes that he attempted to contact Pam Bondi and Marco Rubio, who were unwilling to listen, and the purported amended complaint concludes, “Elon buddy, Aram Moghaddassi said he would take full responsibility.” (Id.). Case: 1:25-cv-00559-DRC-KLL Doc #: 21 Filed: 12/12/25 Page: 2 of 5 PAGEID #: <pageID>
3 earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief. Fed. R. Civ. P. 60(b). Rule 60(b) is not a substitute for an appeal. Hopper v. Euclid Manor Nursing Home, Inc., 867 F.2d 291, 294 (6th Cir. 1989). Plaintiff’s one-page motion (Doc. 19) states only that he was abused at a “mental traphouse,” that he needs to testify in front of congressional leaders, that his case “is bigger than [his] complaint with SSA,” and that he seeks to protect the American people. (Id. at PAGEID 689). There is no legal basis supporting any relief requested or the Court’s authority to grant it, and this frivolous motion (Doc. 19) should be denied. Given the foregoing, the undersigned recommends that any further filings in this closed case be stricken. See Bell v. Mercy Hosp., No. 1:23-cv-212, 2023 WL 8788804, at *1 (S.D. Ohio Dec. 19, 2023) (“[B]ecause Plaintiff’s post-judgment motion is patently frivolous, and there is no non-frivolous basis for any further filings in this closed case, any further motions shall be summarily denied on procedural grounds without the necessity of further analysis.”). See also Overton v. United States, No. 1:11-cv-0158, 2012 WL 6061087, at *1 (S.D. Ohio Dec. 6, 2012) (“[T]his case is closed, the Court therefore no longer has jurisdiction, and any post-judgment motions can only serve to harass.”). IT IS THEREFORE RECOMMENDED that: 1. Plaintiff’s motion (Doc. 19) be DENIED. 2. Plaintiff’s amended complaint be STRICKEN as improvidently filed. Case: 1:25-cv-00559-DRC-KLL Doc #: 21 Filed: 12/12/25 Page: 3 of 5 PAGEID #: <pageID>
4 3. Any further filings by plaintiff in this case be automatically stricken unless accompanied by an attorney’s certification that the filing is not frivolous. Date: ________________ __________________________________ Karen L. Litkovitz United States Magistrate Judge 12/12/2025 Case: 1:25-cv-00559-DRC-KLL Doc #: 21 Filed: 12/12/25 Page: 4 of 5 PAGEID #: <pageID>
5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JUSTIN E. YOUNG, Case No. 1:25-cv-559 Plaintiff, Cole, J. Litkovitz, M.J. vs. REPUBLICAN PARTY, et al., Defendants. NOTICE Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. This period may be extended further by the Court on timely motion for an extension. Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendation is based in whole or in part upon matters occurring on the record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another party’s objections WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Case: 1:25-cv-00559-DRC-KLL Doc #: 21 Filed: 12/12/25 Page: 5 of 5 PAGEID #: <pageID>
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