Lumbus v. Weishar, et al.
| Brian Lumbus, Jr. |
| Steve Weishar, GCI RIB Lieutenant Elizabeth Wyant, Keith J. Foley, GCI Sargeant Sgt. Scott, Le.CI Investigator John Tabor, Warden LECI Chae Harris, Ellen Myers, Jody Sparks, Correctional Officer R Wagoner, Correctional Officer CO Koontz, Lieutenant Lieutenant Liming, Le.C.I. Sergeant C. Collins and ODRC Director Annette Chamber Smith |
| 1:2023cv00196 |
| April 7, 2023 |
| US District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Jeffery P Hopkins |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 8 MOTION for Leave to File an Amended Complaint by Plaintiff Brian Lumbus, Jr. (Attachments: #1 Proposed Amended Complaint, #2 Envelope) (zmc) |
Filing 7
NOTICE/ORDER - As the filing fee has been paid, the matter shall now proceed to an initial screening under 28 U.S.C. 1915A(a), which is required because Plaintiff is "a prisoner [who] seeks redress from a governmental entity or officer or employee of a governmental entity." The complaint must be dismissed if it is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915A(b). This initial screening will be conducted as soon as practicable. The Court will then enter an order and, if appropriate, direct service of the complaint and summons on Defendant(s). The Court will consider any pending motions after, or along with, the initial screening. Additionally, Plaintiff is ADVISED that he must keep this Court informed of his current address, and promptly file a Notice of New Address if he is released or transferred. Signed by Magistrate Judge Stephanie K. Bowman on 4/13/2023. (km)(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 6 Case transferred in from District of Ohio Northern; Case Number 1:22-cv-01474. Original file electronic copy of transfer order and docket sheet received. |
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Filing 5
Order: For the reasons stated herein, pursuant to 28 U.S.C. 1406(a) or 28 U.S.C. 1404(a), the Clerk is directed to transfer Plaintiff's claims against LeCI Investigator John Tabor, Warden Chae Harris, Deputy Warden Ellen Myers, Institutional Inspector Jody Sparks, Correctional Officer R. Wagoner, Correctional Officer Koontz, Lieutenant Liming, Sergeant Collins, Inspector Steve Weishar, and ODRC Director Annette Chambers-Smith to the United States District Court for the Southern District of Ohio. Plaintiff's claims against Lieutenant Elizabeth Wyant, Warden Keith Foley, and Sergeant Scott are dismissed with prejudice pursuant to 28 U.S.C. 1915A. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Bridget Meehan Brennan on 4/5/2023. (H,AR) [Transferred from Ohio Northern on 4/7/2023.]
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| Copy of Order (Doc. No. #5 ) mailed to Brian Lumbus, Jr., A642-859, Ohio State Penitentiary, 878 Coitsville-Hubbard Rd., Youngstown, OH 44505 on 4/5/2023. (H,AR) [Transferred from Ohio Northern on 4/7/2023.] |
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Filing 4
Initial Standing Order signed by Judge Bridget Meehan Brennan on 11/7/2022. (H,AR) [Transferred from Ohio Northern on 4/7/2023.]
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| Copy of Initial Standing Order (Doc. No. #4 ) mailed to Brian Lumbus, Jr., A642-859, Ohio State Penitentiary, 878 Coitsville-Hubbard Rd, Youngstown, OH 44505 on 11/7/2022. (H,AR) [Transferred from Ohio Northern on 4/7/2023.] |
| Copy of NEF reassigning Magistrate Judge mailed to Brian Lumbus, Jr. at Ohio State Penitentiary, 878 Coitsville-Hubbard Rd., Youngstown, OH 44505. (S,HR) [Transferred from Ohio Northern on 4/7/2023.] |
| Reassignment of Magistrate Judge pursuant to General Order 2022-16. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (S,HR) [Transferred from Ohio Northern on 4/7/2023.] |
| Financial Transaction in the amount of $402.00 received from Brian Lumbus, Jr. Receipt #14660140639. Related document(s) #1 . (R,AP) [Transferred from Ohio Northern on 4/7/2023.] |
| Filing 3 Motion to include a jury demand filed by Plaintiff Brian Lumbus, Jr. (L,MI) [Transferred from Ohio Northern on 4/7/2023.] |
| Filing 2 Civil Cover Sheet to #1 Complaint, filed by Brian Lumbus, Jr. Related document(s) #1 . (L,MI) [Transferred from Ohio Northern on 4/7/2023.] |
| Filing 1 Complaint against C. Collins, Keith J. Foley, Chae Harris, CO Koontz, Lieutenant Liming, Ellen Myers, Sgt. Scott, Annette Chamber Smith, Jody Sparks, John Tabor, R Wagoner, Steve Weishar, Elizabeth Wyant. Filing fee not paid. Filed by Brian Lumbus, Jr. (Attachments: #1 Statement of Claims, #2 Affidavit of Brian Lumbus Jr., #3 Summons and Marshall Forms, #4 Envelope) (F,AW) [Transferred from Ohio Northern on 4/7/2023.] |
| Judge Bridget Meehan Brennan assigned to case. (F,AW) [Transferred from Ohio Northern on 4/7/2023.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (F,AW) [Transferred from Ohio Northern on 4/7/2023.] |
| Remark by Clerk: This case was assigned and processed without payment or Motion for IFP status, as well as without the filing of a Civil Cover Sheet, which is required by Local Rule 3.13(a). Without the Civil Cover Sheet, the Clerk does not know if this case is related to or is a refiling of a pending/terminated case in this Court. Copy of #1 Complaint, blank civil cover sheet, IFP mailed to Brian Lumbus, Jr. A642-859 at Ohio State Penitentiary, 878 Coitsville-Hubbard Rd, Youngstown, OH 44505 on 08/18/2022. (F,AW) [Transferred from Ohio Northern on 4/7/2023.] |
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