Elliott v. Stevens
| Matthew E. Elliott |
| Bobbie J. Stevens, Sgt. Bryan Barney, Venrot Brown, Trooper Clinginpeel, Warden Charlsie Edmonson, Warden Ronald Erdos, Warden Larry Greene, M. Hall, Nate Harris, Erin K. Hoston, Trooper Lyons, Linnea Mahlman, Charles Miller, Scott Thompson, Cpt. James Whitman and Vencot Brown |
| 1:2023cv00780 |
| November 28, 2023 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Karen L Litkovitz |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 Prisoner Trust Fund Account Statement by Plaintiff Matthew E. Elliott. (zmc) |
| Filing 9 MOTION for Appointment of Counsel by Plaintiff Matthew E. Elliott. (zmc) |
| Filing 8 MOTION for Extension of Time by Plaintiff Matthew E. Elliott. (zmc) |
Filing 7
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. Plaintiffs Fourteenth Amendment due process claims based on alleged violations of prison policy and plaintiffs Eighth Amendment claims should be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. 2. Plaintiffs remaining Fourteenth Amendment claims relating to his disciplinary charges, his disciplinary hearing, his disciplinary convictions, and the effects of his disciplinary convictions should be DISMISSED as Heck-barred WITHOUT PREJUDICE to refiling should plaintiff show that his disciplinary convictions have been overturned. 3. The Court certify pursuant to 28 U.S.C. 1915(a)(3) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith. Objections to R&R due by 1/17/2024. Signed by Magistrate Judge Karen L. Litkovitz on 01/02/2024. (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 6 COMPLAINT with JURY DEMAND against Bryan Barney, Vencot Brown, Clinginpeel, Charlsie Edmonson, Ronald Erdos, Larry Greene, M. Hall, Nate Harris, Erin K. Hoston, Lyons, Linnea Mahlman, Charles Miller, Bobbie J. Stevens, Scott Thompson, James Whitman, filed by Matthew E. Elliott. (bjc) |
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Filing 5
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen L. Litkovitz on 01/02/2024. (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 NOTICE Summons Forms Received by Plaintiff Matthew E. Elliott (Attachments: #1 Envelope) (bjc) |
| Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Matthew E. Elliott. (md) |
| Filing 2 Prisoner Trust Fund Account Statement by Plaintiff Matthew E. Elliott. (md) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Matthew E. Elliott. (Attachments: #1 Civil Cover Sheet, #2 letters, #3 envelope) (md) The Following was received in a separate mailing:(Additional attachment(s) added on 11/28/2023: #4 Complaint) (md). (Additional attachment(s) added on 11/28/2023: #5 USM-285 forms) (md). Modified docket text on 11/28/2023 (md). (Additional attachment(s) added on 1/8/2024: #6 USM-285 Forms) (zmc). |
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