1

The procedural posture of this case is unclear. Although El-Ruff identifies

himself as a defendant and seeks to remove the case to federal court, it is not clear what

the underlying case is. The plaintiff is identified as Cambridge Municipal Court. The

“notice” states that plaintiff seeks the dismissal “of all charges with prejudice to keep

from further violating our rights” and “a hearing on the Constitutionality of the statutes

limiting my right to travel freely and unencumbered as relating to my fundamental God

given rights, the right of life, the right of liberty, freedom of thought, and pursuit of

happiness. Even after dismissal of all charges we want the Constitutionality cleared up

once and for all. My rights have been violated by these statutes and I want it to stop. I

have a right to be let alone and not harassed by government intrusion.” Doc. 1-2 at 7-8.

Under Younger v. Harris, 401 U.S. 37 (1971), federal courts will not interfere with

ongoing criminal proceedings being carried out by a state government, even in the face

of alleged constitutional violations. Younger, 401 U .S. at 44-45. Three requirements must

be met for Younger abstention to be appropriate: 1) there must be an ongoing state

judicial proceeding, 2) the proceeding must implicate important state interest; and 3)

there must be an adequate opportunity in the state proceeding to raise constitutional

challenges. Sun Refining & Mktg. Co. v. Brennan, 921 F.2d 635, 639 (6th Cir.1990).

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Cambridge Municipal Court,

Plaintiff

 v.

Gerry Ruff-El,

Defendant

:

:

:

:

:

Civil Action 2:11-cv-00783

Judge Marbley

Magistrate Judge Abel

Report and Recommendation and 

Deficiency Order

Gerry Ruff-EL purports to remove this action from the Cambridge Municipal

Court.1

 The Magistrate Judge RECOMMENDS that Ruff-El’s request to proceed in

forma pauperis be DENIED. Although he seeks leave to proceed in forma pauperis, he does

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not support that request with a financial affidavit demonstrating that he does not have

the funds to pay the $350 filing fee.

In his request to proceed in forma pauperis, Ruff-El argues that it is

unconstitutional for the Court to charge a fee and that requiring him to submit a

financial affidavit violates his rights to due process. Ruff-EL’s argument is without

merit. He has not been denied access to the court. If he is unable to pay the court filing

fee, he will be permitted to proceed in forma pauperis. Before he will be permitted to

proceed without payment of fees, however, El-Ruff must demonstrate that he is

indigent. 

Plaintiff is ORDERED to fill out and execute the Non-Prisoner Declaration in

Support of Request to Proceed Without Prepayment of Fees and Costs within thirty

(30) days of the date of this Order. Failure to either pay the $350 filing fee or to

support the motion to proceed in forma pauperis with a financial affidavit will result in

dismissal of this lawsuit.

If any party objects to this Report and Recommendation, that party may, within

fourteen (14) days, file and serve on all parties a motion for reconsideration by the

Court, specifically designating this Report and Recommendation, and the part thereof

in question, as well as the basis for objection thereto. 28 U.S.C. §636(b)(1)(B); Rule 72(b),

Fed. R. Civ. P.

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to de novo review by the District

Judge and waiver of the right to appeal the judgment of the District Court. Thomas v.

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Arn, 474 U.S. 140, 150-152 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981);

United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005); Miller v. Currie, 50 F.3d 373,

380 (6th Cir. 1995). Even when timely objections are filed, appellate review of issues not

raised in those objections is waived. Willis v. Sullivan, 931 F.2d 390, 401 (6th Cir. 1991).

s/Mark R. Abel 

United States Magistrate Judge

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The fee for filing a complaint is $350. If you are unable to pay

that fee, you may execute the following form, asking the Court to

allow you to proceed without the prepayment of fees.

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

__________________________, :

Plaintiff : Case No.

v. : Declaration in

Support of Request to

 : Proceed Without Prepayment of Fees and Costs

__________________________, :

Defendant :

I, ________________________________, am the plaintiff in the

above-entitled case. In support of my motion to proceed without

being required to prepay fees or costs or give security therefor,

I state that because of my poverty I am unable to pay the costs

of said proceedings or to give security therefor; and that I

believe I am entitled to redress.

I declare that the responses which I have made below are true.

1. Are you presently employed? ____ Yes ____ No

a. If the answer is yes, state the amount of your salary

and give the name and address of your employer.

Salary - Wages

( ) yearly

( ) monthly

$____________ ( ) bi-weekly

( ) weekly

Employer's name __________________________________

Address __________________________________________

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b. If the answer is no, state the date of last employment

and the amount of the salary you received.

Date of last employment ______________________

Salary - Wages

( ) yearly

( ) monthly

$____________ ( ) bi-weekly

( ) weekly

2. Have you received within the past 12 months any money from

any of the following sources?

a. Business, profession, or form of self-employment?

____ Yes ____ No

b. Rent payments, interest or dividends? ____ Yes ____

No

c. Pensions, annuities, or life insurance payments?

____ Yes ____ No

d. Gifts or inheritances? ____ Yes ____ No

e. Social security, supplemental security income, AFDC,

general relief? ____ Yes ____ No

If the answer to any of the above is yes, describe each

source of money and state the amount received from each

during the past 12 months. 

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

3. Do you own any cash or do you have money in a checking or

savings account? ____ Yes ____ No

If the answer is yes, state the total value owned.

Cash $_________________

Checking $_________________

Savings $_________________

4. Do you own real estate, stocks, bonds, notes, automobiles,

or other valuable property (excluding ordinary household

furnishings or clothing)? ____ Yes ____ No

If the answer is yes, describe the property and state its

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approximate value.

Make Value

Autos __________________________ $___________

________________________________ $___________

Stocks _________________________ $___________

________________________________ $___________

Bonds __________________________ $____________

________________________________ $____________

Notes __________________________ $____________

Real Estate ____________________ $_____________

Mortgage $_____________

5. List the persons who are dependent upon you for support;

state your relationship to those persons; and indicate how

much you contribute toward their support.

Name Relationship Contribution

__________________________ _____________ $___________

__________________________ _____________ $___________

__________________________ _____________ $___________

__________________________ _____________ $___________

__________________________ _____________ $___________

6. You are single ___, married ___, widowed ___, separated ___,

or divorced ___.

If you are married, is your spouse employed? ____ Yes ____

No

If yes, how much does your spouse earn?

Salary - Wages

( ) yearly

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( ) monthly

$____________ ( ) bi-weekly

( ) weekly

7. List all your creditors, including banks, loan companies,

credit companies, charge accounts, medical bills, etc.

Creditors Total Debt Mo. Payment

Apt. or Home _____________ $__________ $___________

__________________________ $__________ $___________

__________________________ $__________ $___________

__________________________ $__________ $___________

__________________________ $__________ $___________

I declare under penalty of perjury that the foregoing is true and

correct.

Signed this ________ day of ____________________, 20___.

______________________________

Signature of Plaintiff

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