In a staggering development for the future “Government” of an unnamed state, Jose “Chille” DeCastro’s lawsuit against the Ironton, Ohio, based defendants Pam Wagner, Brad Spoljaric, Chance Blankenship, Evan McKnight, Robert Fouch and the City of Ironton was dismissed on Friday after a judge ruled that DeCastro had not responded to a motion to dismiss and a motion to show cause by set deadlines.
Judge Michael R. Barrett wrote:
On January 22, 2026, Defendants Pam Wagner, Brad Spoljaric, Chance Blankenship, Evan McKnight, Robert Fouch, and the City of Ironton, Ohio (“Ironton Defendants”) moved to dismiss Plaintiff Jose DeCastro’s claims against them for insufficient service of process and failure to state a claim. (Doc. 50). John Chapman and the Lawrence County Commissioners (“Lawrence County Defendants”) also moved to dismiss for failure to state a claim. (Doc. 52). DeCastro did not respond in opposition to the Ironton Defendants within the allotted time, see S.D. Ohio Civ. R. 7.2(a)(2), and on February 24, the Magistrate Judge ordered him to show cause why the Ironton Defendants’ motion should not be granted as unopposed, (Doc. 55).
Although DeCastro responded to the Lawrence County Defendants’ motion to dismiss in that time, he still did not respond to that of the Ironton Defendants, nor did he respond to the Magistrate Judge’s order to show cause on or before the March 18 deadline to do so. “Thus, where, as here, plaintiff has not raised arguments in the district court by virtue of his failure to oppose defendants’ motions to dismiss, the arguments have been waived.” Humphrey v. United States Attorney Gen.’s Off., 279 F. App’x 328, 331 (6th Cir. 2008).
Accordingly, the Ironton Defendants’ motion to dismiss, (Doc. 50), is GRANTED.
IT IS SO ORDERED.
For those familiar with the lawsuit, this is the second time DeCastro has sued this group of defendants. These defendants, along with a group of defendants from Lawrence County, Ohio (now consisting of John Chapman and the Lawrence County Commissioners), were previously sued in 2022 by DeCastro over essentially the same issues.
After several delay tactics by DeCastro, including missing a motion to show cause which saw that case dismissed then reopened when DeCastro’s filings showed up a week after the deadline, the case was ultimately dismissed in 2023 and unsuccessfully appealed.
While the appeal was in process, DeCastro refiled the case in both State and Federal court in Las Vegas. The State case went nowhere, while the Federal case lingered until last year when it was sent back to Ohio and assigned to Judge Barrett, who oversaw the first version of the case.
DeCastro still has a warrant for his arrest in Ohio for fleeing various charges he faced in 2022 after a trespassing incident. The YouTuber has maintained that he fled because he was told that he would be murdered while in police custody and has also claimed for over a year now that he had a top attorney attempting to get the warrant quashed.
Barrett’s ruling only applies to the Ironton based group of defendants. The Lawrence County defendants have a pending motion to dismiss in front of Judge Barrett.
DeCastro’s declining fortunes have not impacted his sponsored GoFundMe campaigns, which remain stagnant.
Friday saw Luis “Real Constitutional Upholder” Johnson take the crowd sourcing title for the day with $365.00 in donations towards his “shot multiple times – help Luis’ recover & fight” campaign.
Jonathan “Frauditor Troll” Hudon-Huneault’s Help us Fight this anti-free speech retaliation lawsuit” placed second by losing $23.00 in value due to exchange rate changes between CAD and USD.
Our own Ongoing Expenses campaign won Friday with $100.00 in new donations. Hudon-Huneault placed second by losing $13.00 in value due to exchange rate changes.
This is a breaking news story.
Crowd Sourcing Results
