Bates v. Ohio Department of Rehabilitation and Corrections et al
| Robert Bates |
| Ohio Department of Rehabilitation and Corrections, Annette Chambers-Smith, Ron Erdos, Linna Mahlman, Lt. Hale, Officer Milner, Officer D. Woods, Officer Murry, Officer Davis, Officer C. Justice, Officer T. Wellman, Officer S. Wasmer, Officer Kinner, Officer B. Gaffin, Officer Harr, Officer Duckworth, Officer Tabor, Officer Kelly, Lt. G. Hayward, Sgt. Barney, Lt. Eaches, Sgt Tackett, Sgt. King, Officer Saville, Officer C. Harsley, Officer McCloud, Officer Westwood, Greg Holdren, Unit Manager Sparks and Officer Gillum |
| 1:2022cv00337 |
| June 10, 2022 |
| U.S. District Court for the Southern District of Ohio |
| Douglas R Cole |
| Karen L Litkovitz |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 13
ORDER and REPORT AND RECOMMENDATION - IT IS THEREFORE ORDERED THAT: (1) Plaintiff serve a summons and copy of the complaint on defendants Milner and Woods; (2) Plaintiff shall serve upon defendants Milner and Woods or, if appearance has been entered by counsel, upon their attorney(s), a copy of every further pleading or other document submitted for consideration by the Court; (3) Because plaintiff has paid the required fee (Doc. #5 (noting receipt of payment)), the Court has denied as moot his motion to proceed in forma pauperis (Doc. #11 ) by separate Order; and (4) Plaintiff shall inform the Court promptly of any changes in his address which may occur during the pendency of this lawsuit. IT IS THEREFORE RECOMMENDED THAT: (1) Plaintiff's unrelated claims against defendants Murry, Davis, Hale, Justice, Wellman, Wasmer, Kinner, Gaffin, Harr, Duckworth, Tabor, Kelly, Hayward, Barney, Eaches, Tackett, King, Saville, Harsley, McCloud, Westwood, Holdren, Sparks, and Gillum be SEVERED and DISMISSED WITHOUT PREJUDICE; (2) Plaintiffs claims against defendants ODRC, ODRC Director Chambers-Smith, SOCF Warden Erdos, and Mahlman be DISMISSED with prejudice; (3) Plaintiffs Motion for Preliminary Injunction and Temporary Restraining Order (Doc. 7) be DENIED; and (4) The Court certify 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 in forma pauperis. (Objections to R&R due by 8/17/2022.) Signed by Magistrate Judge Karen L. Litkovitz on 8/3/2022. (kh) (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 12
ORDER denying #3 Motion to Appoint Counsel ; denying as moot #11 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen L. Litkovitz on 8/3/2022. (kh) (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 11
MOTION for Leave to Proceed in forma pauperis by Plaintiff Robert Bates. (bjc)
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Filing 10
REQUEST for Production of Documents by Plaintiff Robert Bates. (kl)
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Filing 9
NOTICE: Declaration by Plaintiff Robert Bates (bjc)
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Filing 8
NOTICE by Plaintiff Robert Bates (bjc)
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Filing 7
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction ( Responses due by 7/29/2022) by Plaintiff Robert Bates. (bjc)
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Filing 6
Summons Issued as to Barney, Annette Chambers-Smith, Davis, Duckworth, Eaches, Ron Erdos, B. Gaffin, Gillum, Hale, Harr, C. Harsley, G. Hayward, Greg Holdren, C. Justice, Kelly, King, Kinner, Linna Mahlman, McCloud, Milner, Murry, Ohio Department of Rehabilitation and Corrections, Saville, Sparks, Tabor, Tackett, S. Wasmer, T. Wellman, Westwood, D. Woods and mailed back to plaintiff for service (bjc)
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Filing 5
Filing fee: $ 402.00, receipt number 100CIN044609 (bjc)
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Filing 4
Summons and USM-285 Forms for Officer Westwood received by the Clerk's Office. (bjc)
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Filing 3
MOTION to Appoint Counsel by Plaintiff Robert Bates. (bjc)
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Filing 2
DEFICIENCY ORDER - Plaintiff is therefore ORDERED to pay $402 ($350 filing fee plus $52 administrative fee) or submit to the Court an in forma pauperis application and certified copy of plaintiff's prison trust fund account statement (or institutional equivalent) for the preceding six-month period within thirty (30) days of the date of filing this Order. The Clerk of Court is DIRECTED to mail an Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form to plaintiff at the address provided by plaintiff in this action. A copy of this Order shall be sent to the cashier of the prison at which plaintiff is confined. IT IS SO ORDERED. Signed by Magistrate Judge Karen L. Litkovitz on 6/14/2022. (kh)
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Filing 1
COMPLAINT against Barney, Annette Chambers-Smith, Davis, Duckworth, Eaches, Ron Erdos, B. Gaffin, Gillum, Hale, Harr, C. Harsley, G. Hayward, Greg Holdren, C. Justice, Kelly, King, Kinner, Linna Mahlman, McCloud, Milner, Murry, Ohio Department of Rehabilitation and Corrections, Saville, Sparks, Tabor, Tackett, S. Wasmer, T. Wellman, Westwood, D. Woods (Missing a Summons and USM-285 Form for Defendant Westwood and no IFP Motion Submitted). An $89.00 check was received for this case, but was returned at the recommendation of our Finance Department. Filed by Robert Bates. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (bjc) Modified Docket Text on 6/14/2022 (bjc).
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