Rutherford v. Free et al
| Clinton Rutherford |
| Corby Free, Ashley Marsh, Lt. Jhones and C/O Spanual |
| 2:2024cv00764 |
| February 22, 2024 |
| US District Court for the Southern District of Ohio |
| Algenon L Marbley |
| Chelsey M Vascura |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
|---|
| Filing 8 Summons Issued as to Ashley Marsh. (mve) |
| Filing 7 REQUEST for Issuance of Summons. (jlk) |
| Filing 6 This entry is for statistical purposes only. See ECF No. #5 for document. (mas) |
Filing 5
ORDER and REPORT AND RECOMMENDATION re #4 Complaint filed by Clinton Rutherford. Plaintiff MAY PROCEED on his individual- and official capacity First Amendment legal mail claims against Defendant Marsh arising out of the February 9, 2023 Court mailing, and it is RECOMMENDED that the Court DISMISS Plaintiff's remaining claims for failure to state a claim upon which relief may be granted. It is further RECOMMENDED that the Court DENY Plaintiff's Motion for Preliminary Injunction (ECF No. 2). Plaintiff's Motion for Appointment of Counsel (ECF No. 3) is DENIED. Further, Plaintiff's Motion for Leave to Proceed in Forma Pauperis is GRANTED. Finally, in order to manage this case in a timely and efficient manner, the undersigned hereby ORDERS that mail from this Court addressed to Plaintiff in this case is legal mail under Sallier v. Brooks, 343 F.3d 868, 877 (6th Cir. 2003). The Ohio Department of Rehabilitation and Correction is ORDERED to treat the Court's mail to Plaintiff as legal mail with all the protections afforded to legal mail. Objections to R&R due by 4/15/2024. Signed by Magistrate Judge Chelsey M. Vascura on 4/1/2024. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Additional corrected attachment(s) added because the first attachment was the incorrect document on 4/1/2024: #1 Correct Main Document) (mas). Modified on 4/1/2024 (mas).
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| Filing 4 COMPLAINT against Corby Free, Jhones, Ashley Marsh, Spanual, filed by Clinton Rutherford. (mas) |
| Filing 3 MOTION to Appoint Counsel by Plaintiff Clinton Rutherford. (jlk) |
| Filing 2 MOTION for Preliminary Injunction by Plaintiff Clinton Rutherford. (jlk) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Clinton Rutherford. Civil Cover Sheet, (Attachments: #1 IFP, #2 IFP, #3 IFP, #4 Complaint, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Env.) (jlk) Modified event type and docket text on 4/3/2024 (agm). |
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