MacConnell v. NaphCare Inc et al
| Rion T MacConnell |
| Phil Plummer, NaphCare Inc, John Doe and Tony Doe |
| 3:2013cv00034 |
| February 1, 2013 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Timothy S. Black |
| Sharon L Ovington |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
61
DECISION AND ENTRY: (1) DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION (Doc. 58 ); (2) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 56 ); (3) OVERRULING PLAINTIFF'S OBJECTIONS (Doc. 57 ); AND (4) DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 54 ) Signed by Judge Timothy S. Black on 2/11/2014. (mr1)
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Filing
56
REPORT AND RECOMMENDATIONS that 54 Plaintiff's MOTION for Leave to Appeal in forma pauperis be DENIED and that the Court certify under 28 U.S.C. 1915(a)(3) that Plaintiff's appeal is not taken in good faith. Objections to R&R due by 1/3/2014. Signed by Chief Magistrate Judge Sharon L Ovington on 12/17/13. (mm)
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Filing
53
CLERK'S JUDGMENT AFFIRMING DECISION AND ENTRY 52 . (mr1)
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Filing
48
REPORT AND RECOMMENDATIONS recommending 27 Defendants Naphcare, Inc. and Anthony Dressler, R.N's Motion to Dismiss be GRANTED; Plaintiff's claims against the unnamed Plaintiffs Jane and John Does be DISMISSED; and this case be terminated on the docket this Court, in the event this Report and Recommendations along with the two prior-filed Reports and Recommendations (Doc. #s 46, 47) are fully adopted. Objections to R&R due by 10/4/2013. Signed by Magistrate Judge Sharon L Ovington on 9/17/13.(mm1)
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Filing
47
SECOND REPORT AND RECOMMENDATIONS recommending that 24 Defendant Montgomery County's Motion to Dismiss (Doc. #24) be GRANTED; and Plaintiff's Motion to Amend Complaint (Doc. #19) be DENIED as futile. Objections to R&R due by 9/30/2013. Signed by Magistrate Judge Sharon L Ovington on 9/12/13. (mm1)
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Filing
46
REPORT AND RECOMMENDATIONS recommending that 26 Defendant Montgomery County Sheriff's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM be GRANTED. Objections to R&R due by 9/27/2013. Signed by Magistrate Judge Sharon L Ovington on 9/10/13. (mm1)
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Filing
41
ORDER - IT IS THEREFORE ORDERED THAT: 1. Plaintiff's Motions for Discovery and for an Emergency Hearing (Doc.'s 31 and 35 ) are DENIED. 2. Plaintiff's Motion for an Extension of Time to Respond to Defendants'Motions to Dismis s (Doc. 31 ) is GRANTED, and Plaintiff's Response toDefendants' Motions to Dismiss is accepted as filed. 3. Motion/Notice of Substitution for John Doe (Doc. 13 ) is DENIED. 4. Plaintiff's Motion for Service by United States Marsha ll (Doc. 18 ) is DENIED as moot. 5. Plaintiff's Motion Instanter for an Emergency Hearing and Seeking an Order Holding in Abeyance Defendants' Motions to Dismiss (Doc. 37 ) is DENIED. 6. The following Motions are not yet fully brief an d/or remain PENDING: Plaintiff's Motion to Amend Complaint (Doc. 19 ), Defendant Montgomery County, Ohio's Motion to Dismiss (Doc. 24 ), Defendant Montgomery County Sheriff's Motion to Dismiss (Doc. 26 ), Defendant Naphcare Inc. a nd Anthony Dressler's Motion to Dismiss (Doc. 27 ). 7. Defendant Sheriff Plummer's Motion for Leave to File Supplemental Memorandum in Support of Motion to Dismiss (Doc. 34 ) is GRANTED. Plaintiff's response, if any, to Defendant Sheriff Plummer's Supplemental Memorandum must be filed on or before July 29, 2013. Signed by Chief Magistrate Judge Sharon L Ovington on 7/10/13. (kje1)
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Filing
29
NOTICE TO PRO SE PLAINTIFF OF MOTION TO DISMISS - You are hereby notified that Defendants Naphcare, Inc., and Anthony Dressler,R.N., filed a Motion to Dismiss on May 17, 2013. You should receive a copy of the Motion directly from the Defendants. Und er the rules of this Court (S.D. Ohio L.R. 7.2) you are allowed twenty-one days from the date of service (May 17, 2013) within which to file a response to the Motion, plus an extra three days if the Motion was served on you by mail. Your response must be filed with the Court not later than June 10, 2013. If you fail to file a timely response, Defendants Motion to Dismiss may be granted and your case dismissed. Signed by Magistrate Judge Sharon L Ovington on 05/17/13. (pb1)
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Filing
25
NOTICE TO PRO SE PLAINTIFF OF MOTION TO DISMISS - You are hereby notified that the Defendant filed a Motion to Dismiss on May 10, 2013. You should receive a copy of the Motion directly from the Defendant. Under the rules of this Court (S.D. Ohio L. R. 7.2) you are allowed twenty-one days from the date of service (May 10, 2013) within which to file a response to the Motion, plus an extra three days if the Motion was served on you by mail. Your response must be filed with the Court not later than June 3, 2013. If you fail to file atimely response, Defendant's Motion to Dismiss may be granted and your case dismissed. Signed by Magistrate Judge Sharon L Ovington on 5/10/13. (kje1)
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Filing
16
DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. Plaintiff's Proposed Amended Complaint (Doc. 9 ) is accepted as filed and constitutes his First Amended Complaint. 2. On or before May 6, 2013, Plaintiff may file if he so desires a Mo tion to Amend his Complaint along with a Proposed Second Amended Complaint. 3. The Clerk of Court shall provide Plaintiff with the forms necessary to effect service of summons and service of Plaintiff's First Amended Complaint (Doc. 9 ). In o rder to accomplish service, Plaintiff must complete and return the forms to the Clerk's Office. 4. Because Plaintiff is proceeding in forma pauperis, the United States Marshal is directed to serve summons and a copy of the First Amended Compla int (Doc. 9 ), and a copy of this Order upon the named Defendants based upon the information Plaintiff provides in the forms he completes. All costs of service shall be advanced by the United States. Signed by Chief Magistrate Judge Sharon L Ovington on 4/11/13. (kje1)
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Filing
6
ORDER - IT IS THEREFORE ORDERED THAT: 1. The United States Marshal (USM) is ORDERED to make service of process in this case under Fed. R. Civ. P. 4(c)(3) upon presentation of properly completed process, copies of the Complaint, and the USM Form 285. All costs of service shall be advanced by the United States.2. Plaintiff must serve the named defendants or their attorney in the event an attorney's appearance is entered in the record with a copy of every document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed with the Clerk of Court a certificate stating the date and verifying that Plaintiff mailed a true and correct copy of any document to defendants or their attorney. Any paper r eceived by a District Judge or Magistrate Judge that has not been filed with the Clerk of Court or that fails to include a certificate of service will be disregarded by the Court. 3. Plaintiff must inform the Clerk of Court promptly of any changes of address which he has during the pendency of this lawsuit. Failure to do so may result in dismissal of his case for failure to prosecute. Signed by Magistrate Judge Sharon L Ovington on 2/15/13. (kje1)
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