Huber v. Bates et al
| Joseph A. Huber |
| Correction Officer Macarthur Bates, Sgt. McCorski, Larry Greene, Sgt. Throckmorton, C/O Keating, CO Harris, Sgt. John Doe and Nurse John Doe |
| 1:2019cv00473 |
| June 24, 2019 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Karen L Litkovitz |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 8 OBJECTION to #5 Report and Recommendations by Plaintiff Joseph A. Huber. (bjc) (Additional attachment(s) added on 8/19/2019: #1 Affidavit) (bjc). |
| Filing 7 Summons Issued as to Harris, Keating and sent to the Marshals for service along with copies of the complaint, USM-285 Forms, the Order issued granting the plaintiff in forma pauperis status, the show cause Order being issued this date, and the Order and Report and Recommendation. (bjc) |
Filing 6
ORDER - plaintiff is ORDERED to show cause in writing within thirty (30) days of the date of this Order why this case should not be consolidated with Case No. I 9-cv-224 under Rule 42(a) of the Federal Rules of CivilProcedure. Signed by Magistrate Judge Karen L. Litkovitz on 07/29/2019. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 5
ORDER AND REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED THAT: 1. Plaintiffs claims against defendant Bates, with the exception of plaintiffs dueprocess claim, and plaintiffs claims against defendants Throckmorton and "Nurse Jane Doe" be SEVERED and DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 21. 2. Plaintiffs claims against defendants McCorski and Greene, and plaintiffs due process claim against defendant Bates, be DISMISSED with prejudice. 28 U.S.C. l 915(e)(2)(8) and 191 SA(b)(l). 3. The Court certify pursuant to 28 U.S.C. 1915(e)(2)(8) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and therefore, deny plaintiff leave to appeal informa pauperis. IT IS THEREFORE ORDERED THAT: 1. The United States Marshal shall serve a copy of the complaint, summons, the separate Order issued granting the plaintiff in forma pauperis status, the separate show cause Order being issued this date, and this Order and Report and Recommendation upon defendants Keating and Harris. 2. Plaintiff shall serve upon defendants or, if appearance has been entered by counsel, upon counsel, a copy of every further pleading or other document submitted for consideration by the Court. 3. Plaintiff shall inform the Court promptly of any changes in his address which may occur during the pendency of this lawsuit.( Objections to R&R due by 8/13/2019). Signed by Magistrate Judge Karen L. Litkovitz on 07/29/2019. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 4 MOTION to Appoint Counsel by Plaintiff Joseph A. Huber. (bjc) |
| Filing 3 COMPLAINT with JURY DEMAND against Macarthur Bates, John Doe, Larry Greene, Harris, Keating, McCorski, Throckmorton, filed by Joseph A. Huber. (bjc) |
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Filing 2
ORDER granting #1 Motion for Leave to Proceed in forma pauperis signed by Magistrate Judge Karen L. Litkovitz on 07/29/2019. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis (The following document(s) were submitted to the Office of the Clerk: Service copies/summons forms for all defendants received.) by Plaintiff Joseph A. Huber. (Attachments: #1 Complaint, #2 Motion to Appoint Counsel) (bjc) Modified docket text on 7/10/2019 (eh). |
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