Haneef Muhammad v. GAP Inc., et al.

CourtDistrict Court, S.D. Ohio
DecidedDecember 10, 2025
Docket2:24-cv-03676
StatusUnknown

This text of Haneef Muhammad v. GAP Inc., et al. (Haneef Muhammad v. GAP Inc., et al.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haneef Muhammad v. GAP Inc., et al., (S.D. Ohio 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

HANEEF MUHAMMAD,

Plaintiff, Case No. 2:24-cv-3676 v. JUDGE DOUGLAS R. COLE GAP INC., et al., Magistrate Judge Vascura

Defendants.

AMENDED OPINION AND ORDER* The Court recently set a telephonic status conference to discuss the status of this case with pro se Plaintiff Haneef Muhammad and counsel for the Defendants who are still parties to this action. (11/7/2025 Notice). But despite the Court’s express (and at this point oft-repeated) warning that Muhammad’s failure to appear at a scheduled hearing could result in “sanctions up to and including monetary sanctions and/or dismissal of this case with prejudice,” (id.), Muhammad once again declined to show, (11/19/25 Min. Entry). Because Muhammad’s failure to appear marks the culmination of a long train of litigation misconduct, the Court takes three steps. First, it DISMISSES this case WITHOUT PREJUDICE (but with any re-filing subject to the filing restrictions set forth below). Second, the Court ORDERS Muhammad to compensate the Defendants (at least to some extent) for attorneys’ fees and costs

* The Court’s December 9, 2025, Opinion and Order (Doc. 135) dismissed this action with prejudice. The Court instead intended to dismiss the action without prejudice, but subject to certain filing restrictions should Plaintiff seek to refile. The Court issues this amended opinion solely to correct that error. The Court apologizes for any confusion it caused. incurred in connection with the November 19, 2025, telephonic status conference, as well as the July 16, 2025, show cause hearing, neither of which Muhammad attended. (7/16/25 Min. Entry; 11/19/25 Min. Entry). Finally, the Court DESIGNATES

Muhammad a vexatious litigant, imposing a three-part filing restriction further described below. The Court takes none of these steps lightly, but finds each is necessary to protect the litigation process.1

1 As further described below, while the Court was in the process of finalizing this Order, Muhammad filed several new motions. One of those was a renewed Motion for Recusal (Doc. 127). When a party seeks recusal, a court, as a general matter, should respond to that motion before moving forward with other pending matters in the case. So that is what the Court does here. But having reviewed the motion, the Court finds it is not well-taken, and accordingly the Court DENIES the motion. Contrary to Muhammad’s contentions, this Court did not “reopen” a closed case. (Id. at #1753). At the time the Court dismissed the Amended Complaint without prejudice, the Court specifically noted that there were motions outstanding to further amend the Complaint (along with a host of other motions). (See 7/3/25 Op. & Order, Doc. 114, #1627). So, while the Court dismissed the Complaint, it did not dismiss the action. Indeed, the Court expressly observed that it was “hold[ing the other motions] in abeyance for now, pending further exploration of some apparent errors and omissions in Muhammad’s filings,” a reference to what appeared to be hallucinated case citations. (Id. at #1643). Muhammad also seeks recusal on the ground that the undersigned has “personally participated in these events,” and is a “material witness.” (Doc. 127, #1757). The “events” to which Muhammad refers are events that occurred in the courtroom or during telephonic status conferences in connection with the undersigned’s handling of this matter. Of course, a judge does not become a material witness to an action based on presiding over it. The only other aspect of the motion that bears mention is Muhammad’s claim that the Court is biased against him. (Id. at #1757–58). As was the case with his previous motion, the “evidence” of bias relates to actions—e.g., “issu[ing] text-only docket entries,” “attempt[ing] to compel Plaintiff’s appearance,” “monitoring filings,” and “taking judicial action,” (id. at #1757)—that are standard judicial activities. Relatedly, the Court is not entirely clear what Muhammad means when he refers to “informal or off-record proceedings.” (Id.). Suffice to say, Muhammad was invited (indeed ordered) to be present at all hearings on this matter, and when he did not show, the Court limited its discussion with the parties who did appear to addressing the fact of Muhammad’s absence. In short, as was the case when the Court denied Muhammad’s previous motion seeking recusal, the Court has no extra-judicial information about Muhammad, nor is it biased against him in any way. Accordingly, there is no basis for recusal. 1. Start with the terminating sanction. It is well-settled that “[a] district court has the inherent power to sanction a party when that party exhibits bad faith.” Bradley J. Delp Revocable Tr. Dated January 8, 1992 v. MSJMR 2008 Irrevocable Tr.

Dated December 31, 2008, 665 F. App’x 514, 520 (6th Cir. 2016) (citing Chambers v. NASCO, Inc., 501 U.S. 32, 43–50 (1991)). Although “outright dismissal” of a lawsuit is a “particularly severe sanction,” it is nonetheless “within the court’s discretion.” Chambers, 501 U.S. at 45. And that includes cases brought by pro se litigants, as such litigants, “regardless of their level of legal sophistication, may not disregard the law or engage in abusive conduct.” Jamar-Mamon X v. Univ. of Cincinnati, 758 F. Supp. 3d 756, 764 (S.D. Ohio 2024).

The Sixth Circuit has identified four factors to guide a district court’s decision to impose a terminating sanction: “(1) whether the party’s conduct was due to willfulness, bad faith, or fault; (2) whether the adversary was prejudiced by the dismissed party’s conduct; (3) whether the dismissed party was warned that failure to cooperate could lead to dismissal; and (4) whether less drastic sanctions were imposed or considered before dismissal was ordered.” Bradley, 665 F. App’x at 520–

21 (cleaned up). While no single factor is dispositive, “a case is properly dismissed by the district court where there is a clear record of delay or contumacious conduct.” Knoll v. Am. Tel. & Tel. Co., 176 F.3d 359, 363 (6th Cir. 1999) (citation omitted). “Contumacious” in this context means “perverse in resisting authority” and “stubbornly disobedient.” Schafer v. City of Defiance Police Dep’t, 529 F.3d 731, 737 (6th Cir. 2008) (citation omitted). “If dismissal [is] warranted by contumacious conduct, the importance of the remaining three factors fades in the face of this conclusion.” Bradley, 665 F. App’x at 521 (quoting Knoll, 176 F.3d at 366) (cleaned up).

The record here abounds with evidence of Muhammad’s stubborn disobedience and otherwise contumacious conduct. As the Court has detailed elsewhere (see Doc. 114, #1627–33 (laying out this case’s procedural history up to the Court’s July 3, 2025, Opinion & Order); Doc. 124, #1740–42 (summarizing the procedural history up to the Court’s September 29, 2025, Order)), Muhammad has filed dozens of frivolous motions, admitted to putting AI-hallucinated case law before the Court, (see Doc. 120, #1701), and repeatedly failed to attend proceedings, including when the purpose of

those proceedings was to discuss emergency relief that Muhammad himself requested. That last point—his refusal to appear for hearings—bears emphasis. Issues on this front started on June 18, 2025, when the Court held a telephonic status conference to discuss the emergency relief that Muhammad had requested in some of his many motions. (See 6/18/25 Min. & Order). But despite that it was Muhammad

who had declared the need for emergency relief, he declined to appear. (Id.). Instead, he filed what he styled a “Declaration of Non-Appearance” (Doc.

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Chambers v. Nasco, Inc.
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John Carpenter v. City of Flint
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Haneef Muhammad v. GAP Inc., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/haneef-muhammad-v-gap-inc-et-al-ohsd-2025.