1:26-cv-00088•Holmes v. Ally Financial Inc.
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U NITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ROSALIND HOLMES, Case No. 1:26-cv-88 Plaintiff, Cole, J. Litkovitz, M.J. vs. ALLY FINANCIAL, INC., REPORT AND Defendants. RECOMMENDATION Plaintiff, a resident of Ohio, brings this pro se action against Ally Financial, Inc. (“Ally Financial”) alleging violations of her rights. By separate Order, plaintiff has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This matter is before the Court for a sua sponte review of plaintiff’s complaint to determine whether the complaint, or any portion of it, should be dismissed because it is frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). This matter is also before the Court on plaintiff’s motion for temporary restraining order. (Doc. 1-1).1 In enacting the original in forma pauperis statute, Congress recognized that a “litigant whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits.” Denton v. Hernandez, 504 U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 324 (1989)). To prevent such abusive litigation, Congress has authorized federal courts to dismiss an in forma pauperis complaint if they are satisfied that the action is frivolous or malicious. Id.; see also 28 U.S.C. §§ 1915(e)(2)(B)(i). A complaint may be dismissed as frivolous when the 1 Plaintiff’s complaint is styled “Plaintiff’s Complaint and Motion for TRO/Preliminary Injunctive Relief.” (Doc. 1- 1). Case: 1:26-cv-00088-DRC-KLL Doc #: 10 Filed: 02/17/26 Page: 1 of 8 PAGEID #: <pageID>
2 plaintiff cannot make any claim with a rational or arguable basis in fact or law. Neitzke v. Williams, 490 U.S. 319, 328-29 (1989); see also Lawler v. Marshall, 898 F.2d 1196, 1198 (6th Cir. 1990). An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. An action has no arguable factual basis when the allegations are delusional or rise to the level of the irrational or “wholly incredible.” Denton, 504 U.S. at 32; Lawler, 898 F.2d at 1199. The Court need not accept as true factual allegations that are “fantastic or delusional” in reviewing a complaint for frivolousness. Hill v. Lappin, 630 F.3d 468, 471 (6th Cir. 2010) (quoting Neitzke, 490 U.S. at 328). Congress also has authorized the sua sponte dismissal of complaints that fail to state a claim upon which relief may be granted. 28 U.S.C. §§ 1915 (e)(2)(B)(ii). A complaint filed by a pro se plaintiff must be “liberally construed” and “held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). By the same token, however, the complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)); see also Hill, 630 F.3d at 470-71 (“dismissal standard articulated in Iqbal and Twombly governs dismissals for failure to state a claim” under §§ 1915A(b)(1) and 1915(e)(2)(B)(ii)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). The Court must accept all well- pleaded factual allegations as true, but need not “accept as true a legal conclusion couched as a Case: 1:26-cv-00088-DRC-KLL Doc #: 10 Filed: 02/17/26 Page: 2 of 8 PAGEID #: <pageID>
3 factual allegation.” Twombly, 550 U.S. at 555 (quoting Papasan v. Allain, 478 U.S. 265, 286 (1986)). Although a complaint need not contain “detailed factual allegations,” it must provide “more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555). A pleading that offers “labels and conclusions” or “a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555. Nor does a complaint suffice if it tenders “naked assertion[s]” devoid of “further factual enhancement.” Id. at 557. The complaint must “give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.” Erickson, 551 U.S. at 93 (citations omitted). Plaintiff’s pro se complaint alleges that on November 4, 2024, defendant unlawfully repossessed, converted, and sold plaintiff’s 2018 Toyota RAV4 LE, which was financed through defendant Ally Financial, Inc. She brings claims of “wrongful repossession & conversion” and “trespass & civil conspiracy.” (Doc. 1-1 at PAGEID 6). As relief, plaintiff seeks damages. Plaintiff previously filed a complaint in the Butler County, Ohio Court of Common Pleas against Ally Financial, Inc., the same defendant she sues in the instant federal court complaint. In that case, she alleged that Ally Financial unlawfully repossessed her automobile on November 4, 2024. See Holmes v. Allied Financial, Inc., Case No. CV 2024-11-2332 (Butler Cty. Com. Pleas) (complaint filed 11/19/2024).2 She brought claims of conspiracy, breach of contract, tortious interference with a contractual relationship, intentional infliction of emotional distress, and corrupt activity under Ohio Rev. Code § 2923.32. On March 13, 2025, the common pleas court granted summary judgment for Ally Financial and entered judgment on its behalf on 2 Viewed at https://clerkservices.bcohio.gov/eservices/searchresults.page?x=q5jYUSvpJ4GpuiP56rHur5dLDbMrPQdR5DKbDc 3-RQUOUh*kd3-VASTv4cvp1z3FF7pR0Z56GoN4yXHBbe-NbA (last visited on Feb. 17, 2026) by searching under plaintiff’s name. This Court may take judicial notice of court records that are available online to members of the public. See Lynch v. Leis, 382 F.3d 642, 648 n.5 (6th Cir. 2004). Case: 1:26-cv-00088-DRC-KLL Doc #: 10 Filed: 02/17/26 Page: 3 of 8 PAGEID #: <pageID>
4 plaintiff’s claims. See Holmes v. Ally Financial, Inc., Case No. CV 2024-11-2332 (Butler Ct. Common Pls. March 13, 2025) (Doc. 1-1 at PAGEID 41). The docket in that case does not reflect that plaintiff filed an appeal in the Ohio Court of Appeals. Plaintiff’s pro se complaint is barred by res judicata and subject to dismissal. Res judicata, or claim preclusion, bars a later lawsuit that “advances the same claim as an earlier suit between the same parties.” Lucky Brand Dungarees, Inc. v. Marcel Fashions Grp., Inc., 590 U.S. 405, 412 (2020). In addition, “claim preclusion prevents parties from raising issues that could have been raised and decided in a prior action—even if they were not actually litigated.” Id. “Suits involve the same claim (or cause of action) when they aris[e] from the same transaction or involve a common nucleus of operative facts.” Id. (cleaned up). Under the Full Faith and Credit Clause of the United States Constitution, a “federal court must give to a state-court judgment the same preclusive effect as would be given that judgment under the law of the State in which the judgment was rendered.” Migra v. Warren City School Dist. Bd. of Educ., 465 U.S. 75, 81 (1984); Allen v. McCurry, 449 U.S. 90, 96 (1980). See also 28 U.S.C. § 1738; Young v. Twp. of Green Oak, 471 F.3d 674, 680 (6th Cir. 2006). If a state court would prohibit relitigation of claims that could have been but were not raised in the earlier state court action, then such claims are precluded in a subsequent federal action. Migra, 465 U.S. at 83. The prior state court action will preclude litigation in federal court when the litigant against whom the preclusive effect is sought had a full and fair opportunity to litigate the claims or issues decided by the state courts. Allen, 449 U.S. at 104. A federal court must resort to state law to determine the preclusive effect of a state court ruling. Migra, 465 U.S. at 81, 84. See also Darrah v. City of Oak Park, 255 F.3d 301, 311 (6th Cir. 2001). The Supreme Court of Ohio has held that “a final judgment or decree, rendered on the Case: 1:26-cv-00088-DRC-KLL Doc #: 10 Filed: 02/17/26 Page: 4 of 8 PAGEID #: <pageID>
5 merits by a court of competent jurisdiction, is a complete bar to any subsequent action on the same claim between the same parties or those in privity with them.” State ex rel. Kendrick v. Parker, 158 N.E.3d 573, 574 (Ohio 2020) (per curiam) (citation omitted). This bar includes “all claims which were or might have been litigated in the first lawsuit.” Nat’l Amusements, Inc. v. City of Springdale, 558 N.E.2d 1178, 1180 (Ohio 1990) (citations and quotations omitted) (emphasis in the original). See also Grava v. Parkman Twp., 653 N.E.2d 226, 229 (Ohio 1995) (“[t]he doctrine of res judicata requires a plaintiff to present every ground for relief in the first action, or be forever barred from asserting it.”); State v. Dick, 738 N.E.2d 456, 460 (Ohio Ct. App. 2000) (“res judicata bars a subsequent action based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action, whether or not that particular claim was litigated, so long as there has been a valid, final judgment rendered upon the merits.”) (emphasis in the original) (citing Grava, 653 N.E.2d at syllabus). Under Ohio law, res judicata bars a claim when: (1) there is a final, valid decision on the merits by a court of competent jurisdiction; (2) the second action involves the same parties or their privies as the first; (3) the second action raises claims that were or could have been litigated in the first action; and (4) the second action arises out of the transaction or occurrence that was the subject matter of the previous action. Portage Cty. Bd. of Comm’rs v. City of Akron, 846 N.E.2d 478, 495 (Ohio 2006). A “transaction” is defined as a “common nucleus of operative facts.” Id. (citation omitted). A federal court may dismiss a complaint on initial screening for failure to state a claim for relief where the elements of res judicata are met. See Smith v. Morgan, 75 F. App’x 505, 506 (6th Cir. 2003) (affirming dismissal “pursuant to § 1915(e) because the doctrine of res judicata bars consideration of the instant complaint”); Leirer v. Ohio Bureau of Motor Vehicles Case: 1:26-cv-00088-DRC-KLL Doc #: 10 Filed: 02/17/26 Page: 5 of 8 PAGEID #: <pageID>
6 Compliance Unit, 246 F. App’x 372, 374 (6th Cir. 2007) (affirming dismissal based on res judicata pursuant to § 1915(e) because the plaintiff “could have made all of the same allegations and claims he makes in his current lawsuit in that earlier second lawsuit”)). The undersigned finds that all four elements necessary for the application of res judicata are present in this case. The first element of res judicata is satisfied because the Butler County Court of Common Pleas issued a final decision on the merits granting judgment for Ally Financial based on plaintiff’s failure to make payments on the Retail Installment Sale Contract that was executed in connection with the purchase of the 2018 Toyota RAV4. See Holmes v. Allied Financial, Inc., Case No. CV 2024-11-2332 (Butler Ct. Common Pls. March 13, 2025) (Doc. 1-1 at PAGEID 46). The second element is satisfied because plaintiff filed the prior case against the same defendant she sues in this federal action. See id. The third element is satisfied because plaintiff could have raised and litigated her “wrongful repossession & conversion” and “trespass & civil conspiracy” claims in the state court case. Finally, plaintiff claims and the factual allegations in her federal complaint arise out of the same transactions that were the subject of the litigation before the Butler County Court of Common Pleas. Therefore, res judicata applies to bar the instant complaint. IT IS THEREFORE RECOMMENDED: 1. Plaintiff’s complaint should be DISMISSED with prejudice. 2. Because plaintiff’s complaint should be dismissed on the basis of res judicata, she has not shown a strong likelihood of success on the merits. See Leary v. Daeschner, 228 F.3d 729, 736 (6th Cir. 2000); see also Chabad of S. Ohio & Congregation Lubavitch v. City of Cincinnati, 363 F.3d 427, 432 (6th Cir. 2004) (same four-factor analysis applies to a motion for temporary restraining order). Therefore, her motion for temporary restraining order (Doc. 1-1) should be DENIED. 3. The Court certify pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation Case: 1:26-cv-00088-DRC-KLL Doc #: 10 Filed: 02/17/26 Page: 6 of 8 PAGEID #: <pageID>
7 would not be taken in good faith and therefore deny plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997). Date: ______________________________ Karen L. Litkovitz, Magistrate Judge United States District Court 2/17/2026 Case: 1:26-cv-00088-DRC-KLL Doc #: 10 Filed: 02/17/26 Page: 7 of 8 PAGEID #: <pageID>
8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ROSALIND HOLMES, Case No. 1:26-cv-88 Plaintiff, Cole, J. Litkovitz, M.J. vs. ALLY FINANCIAL, INC., 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: 1:26-cv-00088-DRC-KLL Doc #: 10 Filed: 02/17/26 Page: 8 of 8 PAGEID #: <pageID>
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