Cowan v. Doe 1 et al
| Tremaine D. Cowan |
| John Doe 1, John Doe 2 and John Doe 3 |
| Warden Cynthia Davis |
| 1:2023cv00315 |
| May 24, 2023 |
| US District Court for the Southern District of Ohio |
| Karen L Litkovitz |
| Matthew W McFarland |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER ADOPTING ORDER AND REPORT AND RECOMMENDATIONS: Plaintiff's Objections (Doc. #11 ) are OVERRULED. The Court hereby ADOPTS the Order and Report and Recommendation (Doc. #8 ) and ORDERS the following: (1) The Complaint (Doc. #7 ) is DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) & 1915A(b) for failure to state a claim for relief can be granted, with the exception of Plaintiff's Eighth Amendment and state-law tort claims against Defendants John Doe 2, John Doe 3, John Doe 4, and John Doe 5 in their individual capacities. Thus, all claims against John Doe 1, Plaintiff's claim under Title II of the ADA, and Plaintiff's official capacity claims are hereby DISMISSED with prejudice. (2) The Court CERTIFIES pursuant to 28 U.S.C. 1915(a)(3) that an appeal of this Order would not be taken in good faith. Plaintiff is therefore DENIED leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 07/14/2023. (kaf)(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 - IT IS THEREFORE ORDERED THAT: (1) Plaintiff's motion for appointment of counsel (Doc. #10 ) is DENIED. Signed by Magistrate Judge Karen L. Litkovitz on 7/7/2023. (zmc)(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 OBJECTION to #8 Report and Recommendations by Plaintiff Tremaine D. Cowan. (eh) |
| Filing 10 MOTION for Appointment of Counsel by Plaintiff Tremaine D. Cowan. (eh) |
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Filing 9
ORDER (AMENDED SIGNATURE DATE) - re #6 Order on Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen L. Litkovitz on 6/20/2023. (md)
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Filing 8
ORDER AND REPORT AND RECOMMENDATION- IT IS THEREFORE RECOMMENDED THAT: 1. The complaint #7 be DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) & 1915A(b) for failure to state a claim upon which relief can be granted, with the exception of Plaintiffs Eighth Amendment and state-law tort claims against Defendants John Doe 2, John Doe 3, John Doe 4, and John Doe 5 in an individual capacity. This includes any claims against John Doe 1 and any intended claim under Title II of the ADA. 2. The Court should CERTIFY pursuant to 28 U.S.C. 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and DENY Plaintiff leave to appeal it in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).IT IS THEREFORE ORDERED THAT: 1. Within thirty (30) days of receipt of this Order, plaintiff SHALL submit completed summons and U.S. Marshal forms for the current SOCF Warden, Cynthia Davis. 2. The Clerk of Court is DIRECTED to send to plaintiff a summons form and a U.S. Marshal form for this purpose. Upon receipt of the completed summons and U.S. Marshal forms, the Court ORDERS service of process by the United States Marshal in this case as directed by Plaintiff. Plaintiff shall be granted leave to proceed against Warden Davis solely for the purpose of determining the identity of Defendants John Doe 2, John Doe 3, John Doe 4, and John Doe 5. 3. The CLERK OF COURT is DIRECTED to add SOCF Warden Cynthia Davis as an interested party to the case. 4. Plaintiff SHALL file a Motion To Issue Service, including updated U.S. Marshal and summons forms, if and when Plaintiff discovers the identity of Defendants John Doe 2, John Doe 3, John Doe 4, and John Doe 5 through discovery. No service will be issued on Defendants John Doe 2, John Doe 3, John Doe 4, and John Doe 5 unless Plaintiff complies with this Order. 5. Plaintiff is ORDERED 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. 6. The Clerk of Court is DIRECTED to forward a courtesy copy of this Order to the Ohio Attorney Generals Office, Criminal Justice Section, Corrections Litigation Unit, 30 East Broad Street, 23rd Floor, Columbus, Ohio 43215. Objections to R&R due by 7/5/2023. Signed by Magistrate Judge Karen L. Litkovitz on 6/20/2023. (md)(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 7 COMPLAINT with JURY DEMAND against John Doe 1, John Doe 2, John Doe 3, filed by Tremaine D. Cowan. (md) |
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Filing 6
ORDER GRANTING IN FORMA PAUPERIS STATUS AND ORDERING COLLECTION OF THE FULL FILING FEE-Plaintiffs first Application (Doc. #1 ) is unsigned and incomplete. It is DENIED. Plaintiff's second Application (Doc. #5 ) is GRANTED. It is ORDERED that Plaintiff be allowed to prosecute this action without prepayment of fees or costs and that judicial officers who render services in this action shall do so as if the costs had been prepaid. Plaintiff is required to pay the full amount of the Courts $350 filing fee. 28 U.S.C. 1915(b)(1); 28 U.S.C. 1914. Because he is permitted to proceed in forma pauperis, he is not required to pay the Courts $52 administrative fee. Signed by Magistrate Judge Karen L. Litkovitz on 6/16/2023. (md)(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 MOTION for Leave to Proceed in forma pauperis by Plaintiff Tremaine D. Cowan. (eh) |
| Filing 4 Personal A/C Withdrawal Check Out-Slip by Plaintiff Tremaine D. Cowan. (bjc) |
| Filing 3 Prisoner Trust Fund Account Statement re #2 DEFICIENCY ORDER by Plaintiff Tremaine D. Cowan. (eh) Modified to correct pdf on 6/5/2023 (eh). |
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Filing 2
DEFICIENCY ORDER - Plaintiff is ORDERED to either pay $402 ($350 filing fee plus $52 administrative fee) or submit to the Court a signed Application to proceed in forma pauperis that includes certified copy of Plaintiffs trust fund account statement (or institutional equivalent) for the six-month period immediately prior to the filing of the complaint. Plaintiff must do so WITHIN THIRTY DAYS of the date of this Deficiency Order. Signed by Magistrate Judge Karen L. Litkovitz on 05/25/2023. (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 by Plaintiff Tremaine D. Cowan. (No Civil Cover Sheet or Service Documents Provided) (Attachments: #1 Complaint) (md) Modified Docket Text on 5/24/2023 (bjc). |
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