Kitchen v. Lucasville Correctional Institution et al
| Michael Allen Kitchen |
| Lucasville Correctional Institution, Officer A. Corns, Officer J. Romine and Ohio Department of Corrections |
| 1:2022cv00500 |
| August 26, 2022 |
| US District Court for the Southern District of Ohio |
| Matthew W McFarland |
| Peter B Silvain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 5
ORDER andREPORT AND RECOMMENDATION - The undersigned Magistrate Judge, having conducted the initial screening of Kitchens Complaint, RECOMMENDS that: 1. The Court permit Plaintiff Kitchen to PROCEED at this time on his Eighth Amendment excessive force claim against Defendants Corns and Romine, in their individual capacities. 2. The Court DISMISS the remaining claims, including the claims for damages against Corns and Romine in their official capacities, and all claims against the Lucasville Correction Institution and the Ohio Department of Corrections/ODRC, pursuant to 28 U.S.C. 1915A(b) and 1915(e)(2)(B). 3. The Court CERTIFY pursuant to 28 U.S.C. 1915(a)(3) that, for the reasons discussed above, 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. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). re #1 Complaint, filed by Michael Allen Kitchen ( Objections to R&R due by 10/21/2022), The Undersigned also ORDERS that: A. Plaintiff Kitchen shall submit to the Court completed Summons Forms and U.S. Marshal Forms for Defendants Corns and Romine. He shall do so WITHIN THIRTY DAYS.. Signed by Magistrate Judge Peter B. Silvain, Jr on 10/7/22. (pb)(This document and two copies the blank Summons Form and U.S. Marshal Form 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
ORDER granting #3 Motion for Leave to Proceed in forma pauperis AND ORDERING COLLECTION OF THE FULL FILING FEE. Signed by Magistrate Judge Peter B. Silvain, Jr on 9/19/22. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Custodian) Modified on 9/20/2022 (pb).
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff, Michael Allen Kitchen. (bjr) |
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Filing 2
DEFICIENCY ORDER - Plaintiff is ORDERED to pay $402 ($350 filing fee plus $52 administrative fee) or submit to the Court a properly supported in forma pauperis application WITHIN THIRTY (30) DAYS of the date of the Deficiency Order. Deficiency Deadline by 9/29/2022. For convenience, the Clerk of Courts is DIRECTED to send Plaintiff a blank copy of the Application to proceed in forma pauperis used in this Court along with this Deficiency Order. The Clerk is further DIRECTED to send a copy of this Deficiency Order to the cashier of Toledo Correctional Institution. Signed by Magistrate Judge Peter B. Silvain, Jr on 8/29/22. (pb)(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 COMPLAINT with JURY DEMAND against A. Corns, Lucasville Correctional Institution, Ohio Department of Corrections, J. Romine, filed by Michael Allen Kitchen. (Case received as scanned without copies, service documents, fee, or IFP motion). (Attachments: #1 Civil Cover Sheet, #2 Envelope) (kh) |
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