Sowell v. Huntington Bank

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Salvatore Juliano Sowell,
Plaintiff, 	Case No. 2:25-cv-1467
District Judge James L. Graham
v. 	Magistrate Judge Chelsey M. Vascura
Huntington Bank,
Defendant.
Order
This matter is before the Court on the Magistrate Judge’s January 30, 2026 Report and
Recommendation. The Magistrate Judge recommended that plaintiff’s motion for leave to proceed in
forma pauperis be denied because plaintiff is a “three-striker” who has not shown that he was under
imminent danger of serious physical injury when he filed his complaint. See 28 U.S.C. § 1915(g).
Plaintiff has not objected to the Report and Recommendation, but he has attempted to file an
amended complaint, has sought leave again to proceed in forma pauperis, and has filed motions for
summary judgment and for “state sovereign immunities waiver.” 	Nothing in plaintiff’s filings
demonstrates that he is under imminent danger of serious physical injury. Rather, it appears that his
suit is concerned with allegedly fraudulent monetary transfers.
Accordingly, the Report and Recommendation (Doc. 8) is hereby ADOPTED. 	Plaintiff’s
motions for leave to proceed in forma pauperis (Docs. 7, 10) are DENIED. Plaintiff is ORDERED to
pay the full $405 filing fee ($350 filing fee, plus $55 administrative fee) required to commence this action
WITHIN THIRTY DAYS of the date of this Order. The Court advises plaintiff that a failure to timely
pay the full $405 fee within thirty days will result in the dismissal of this action. Plaintiff’s motions for
summary judgment and for state sovereign immunities waiver (Docs. 2, 11, 12) are premature and are
DENIED.
The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would
not be taken in good faith.
s/ James L. Graham
JAMES L. GRAHAM
DATE: March 16, 2026 	United States District Judge
Case: 2:25-cv-01467-JLG-CMV Doc #: 13 Filed: 03/16/26 Page: 1 of 1 PAGEID #: <pageID>