Eckstein v. Franklin County Corrections II et al.
| Andrew J Eckstein |
| Franklin County Corrections II, Armor Health, Dallas Baldwin, Unknown Deputies, Unknown Medical Staff, Unknown 1st Shift Deputies, Unknown 2nd Shift Deputies and Unknown Arraignment Deputies |
| 2:2024cv01072 |
| March 6, 2024 |
| U.S. District Court for the Southern District of Ohio |
| James L Graham |
| Kimberly A Jolson |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
ORDER AND REPORT AND RECOMMENDATIONS re #9 Amended Complaint filed by Andrew J Eckstein: The Undersigned will PERMIT Plaintiff's claim for deliberate indifference to a serious medical need to PROCEED to further development. It is RECOMMENDED that the Court DISMISS Plaintiff's failure-to-protect claim because the allegations do not state a claim on which relief may be granted. Plaintiff is ORDERED to submit a completed US Marshal Form and Summons Form for Dallas Baldwin w/in twenty-one (21) days. Once received, the United States Marshal Service is DIRECTED to serve a copy of the Summons, Amended Complaint, and this Order on Sheriff Baldwin. The Clerk is DIRECTED to terminate Franklin County Corrections II and Armor Health as parties on the docket, as they are not named as defendants in the Amended Complaint. The Clerk shall designate Sheriff Baldwin as an interested party, rather than a defendant. Plaintiff is ORDERED to file a Motion to Issue Service once he discovers the identities of the unknown defendants. The Motion must attach a completed US Marshal Form and Summons Form for each defendant to be served. Plaintiff is ADVISED that no service will be issued on the unknown defendants unless he complies with this Order. Objections to R&R due by 5/16/2024. Signed by Magistrate Judge Kimberly A. Jolson on 5/2/2024. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
|
| Filing 9 AMENDED COMPLAINT against All Defendants, Unknown Deputies, Unknown Medical Staff, Unknown Arraignment Deputies, filed by Andrew J Eckstein. (vb) |
|
Filing 8
ORDER: Plaintiff's Application to proceed in forma pauperis (Doc. #2 , #5 ) is GRANTED; Plaintiff's Motion for appointment of counsel (Doc. #3 ) is DENIED at this time but may be renewed; Plaintiff's motion for an extension of time (Doc. 1-2, PageID 9) is DENIED as moot; NO ACTION will be taken at this time on the service documents or subpoenas (Doc. 1-3, PageID 9-10; Doc. 1-4, PageID 12; Doc. 1-5, PageID 13-31); Plaintiff shall submit an Amended Complaint within thirty days of this Order. Signed by Magistrate Judge Kimberly A. Jolson on 3/20/2024. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
|
| Filing 7 Case transferred in from District of Ohio Northern; Case Number 1:23-cv-02233. Original file electronic copy of transfer order and docket sheet received. |
| Filing 6 Transfer Case (District). Given the operative allegations, the Court determines that justice favors transferring this action to the Southern District of Ohio pursuant to 28 U.S.C. 1406(a). Therefore, the court hereby transfers said action to the Southern District of Ohio. Signed by Judge Solomon Oliver, Jr. on 3/6/2024. (R,Sh) [Transferred from Ohio Northern on 3/6/2024.] |
| Copy of #6 Transfer Case (District) mailed to Andrew James Eckstein, A699576, Lorain Correctional Institution, 2075 South Avon-Belden Road Grafton, OH 44044 on 3/6/2024. Related document(s) #6 . (R,Sh) [Transferred from Ohio Northern on 3/6/2024.] |
| Filing 5 Supplement to #2 Motion to proceed in forma pauperis filed by Andrew James Eckstein. Related document(s) #2 , #4 . (Attachments: #1 FFF Court Certification, #2 Affidavit of Indigency, #3 Inmate Demand Statement, #4 Envelope) (R,AP) (Additional attachment(s) added on 3/4/2024: #5 Affidavit of Prisoner) (E,P). [Transferred from Ohio Northern on 3/6/2024.] |
|
Filing 4
Order: Pro se plaintiff Andrew James Eckstein has filed a motion to proceed with this action without prepayment of fees (ECF Doc. #2 ). Because Plaintiff is a prisoner in a correctional institution, he must pay the filing fee in accordance with 28 U.S.C. 1915(b). If Plaintiff does not have sufficient funds in his account to pay the full filing fee at once, he shall complete and submit the entire Financial Application attached hereto, including a certified copy of his prisoner account statement, within 30 days of the date of this Order. Failure to comply with this Order may result in dismissal of this action without further notice. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 1/11/2024. (Attachments: #1 Financial Application). (D,JJ) [Transferred from Ohio Northern on 3/6/2024.]
|
| Copy of #4 Order, mailed to Andrew James Eckstein #A699576 at Lorain Correctional Institution, 2075 South Avon-Belden Road, Grafton, OH 44044 on 1/11/2024. (D,JJ) [Transferred from Ohio Northern on 3/6/2024.] |
| Filing 3 Motion for appointment of legal counsel representation filed by Plaintiff Andrew James Eckstein. (H,Ch) [Transferred from Ohio Northern on 3/6/2024.] |
| Filing 2 Motion to proceed in forma pauperis filed by Plaintiff Andrew James Eckstein. (Attachments: #1 Affidavit of Prisoner). (H,Ch) [Transferred from Ohio Northern on 3/6/2024.] |
| Filing 1 Complaint against All Defendants. Filing fee not paid, IFP. Filed by Andrew James Eckstein. (Attachments: #1 Civil Cover Sheet, #2 Letter to Clerk regarding submission of evidence, #3 Proposed Summons, #4 USM-285, #5 Various Subpoenas to Produce Documents, #6 Envelope). (H,Ch) [Transferred from Ohio Northern on 3/6/2024.] |
| Judge Solomon Oliver, Jr assigned to case. (H,Ch) [Transferred from Ohio Northern on 3/6/2024.] |
| 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. (H,Ch) [Transferred from Ohio Northern on 3/6/2024.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
