Henderson v. Mike Dewine et al
| Antonio Henderson |
| Mike Dewine, Amy Acton, Annette Chambers-Smith, Ernie Moore, Eddy Bobby, Eddy Andrews, Karen Stanforth, David Gray, Joseph Murphy, Patrick Haley and UMC Taylor |
| State of Ohio |
| 2:2024cv02006 |
| April 26, 2024 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Sarah D Morrison |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 153
ORDER granting Antonio Henderson's #141 Motion to Construe Notice as a Complaint, and overruling his [142) Objection to the Magistrate Judge's R & R. The Clerk is DIRECTED to (1) assign a new individual case number for Mr. Hendersons action; (2) mark this new case as related to the original action to be directedly assigned to the judicial officers in this action; (3) copy and transfer all filings from the original action to the docket for the new case; and (4) terminate Mr. Henderson from this case. (merc)(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 152 Mail Returned as Undeliverable - RETURN TO SENDER / UNABLE TO FORWARD / RELEASED. Mail (doc #124 ) sent to Mack Griffin on 6/14/2023 (kk2) |
| Filing 151 Mail Returned as Undeliverable - RETURN TO SENDER / UNABLE TO FORWARD / RELEASED. Mail (doc #124 ) sent to Robert Benford on 6/14/2023 (kk2) |
| Filing 150 Mail Returned as Undeliverable - RETURN TO SENDER / UNABLE TO FORWARD / RELEASED. Mail (doc #124 ) sent to Troy Mason on 6/14/2023 (kk2) |
| Filing 149 Mail Returned as Undeliverable - RETURN TO SENDER / UNABLE TO FORWARD / RELEASED. Mail (doc #124 ) sent to Victor Steel on 6/14/2023 (kk2) |
| Filing 148 Mail Returned as Undeliverable - RETURN TO SENDER / UNABLE TO FORWARD / RELEASED. Mail (doc #129 ) sent to Victor Steel on 9/1/2023 (kk2) |
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Filing 147
ORDER denying as moot #146 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Elizabeth Preston Deavers on November 21, 2023. (jlk)(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 146 MOTION for Leave to Proceed in forma pauperis by Plaintiff Joeseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 145 USCA JUDGMENT - It it ORDERED THAT THE APPEAL IS DISMISSED as to #138 Notice of Interlocutory Appeal filed by Joeseph Shine-Johnson Note: No Mandate details noted. (pb) |
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Filing 144
ORDER of USCA the appeal is DISMISSED as to #138 Notice of Interlocutory Appeal filed by Joeseph Shine-Johnson Note: No Mandate details noted. (pb)
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| Filing 143 Letter from Antonio Henderson. (Attachments: #1 Envelope) (er) |
| Filing 142 OBJECTION to #124 Report and Recommendations by Plaintiff Antonio Henderson. (Attachments: #1 Envelope) (er) |
| Filing 141 MOTION Requesting the Clerk be Directed to Assign a new Individual Case Number for Mr. Henderson's Action by Plaintiff Antonio Henderson. (Attachments: #1 Envelope) (er) |
| Filing 140 USCA Case Number 23-3861 for #138 Notice of Interlocutory Appeal filed by Joeseph Shine-Johnson; case manager Robin L. Baker, 513-564-7014. (er) |
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Filing 139
ORDER denying #137 Motion to Correct the Record by Plaintiff Joeseph Shine-Johnson. Signed by Judge Sarah D. Morrison on 10/24/2023. (merc)(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 138 NOTICE OF INTERLOCUTORY APPEAL re #133 Order on Motion for Reconsideration (FILING FEE DUE) by Plaintiff Joeseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 137 MOTION to Correct the Record by Plaintiff Joeseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 136 Mail Returned as Undeliverable. (RTS- RELEASED) Mail sent to Troy Mason #129 OPINION AND ORDER. (er) |
| Filing 135 Mail Returned as Undeliverable - RETURN TO SENDER / NOT DELIVERABLE AS ADDRESSED / UNABLE TO FORWARD / RELEASED. Mail (doc #129 ) sent to Mack Griffin on 9/1/2023 (kk2) |
| Filing 134 Mail Returned as Undeliverable - RETURN TO SENDER / INSUFFICIENT ADDRESS / UNABLE TO FORWARD / RELEASED. Mail (doc #129 ) sent to Robert Benford on 9/1/2023 (kk2) |
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Filing 133
Order DENYING Joeseph Shine-Johnson's #130 MOTION for Reconsideration Pursuant to Civil Rule 59(e). The #131 Response/Notice of Intent re #129 Order Adopting Report and Recommendations filed by Plaintiff Richard Whitman is well-taken. That said, as much as he makes untimely objections to previous Court orders in it, his objections are OVERRULED. The Clerk is DIRECTED to (1) assign a new individual case number for Mr. Whitmans action; (2) mark this new case as related to the original action; and (3) copy and transfer all filings from the original action to the docket for the new case. The claims of Lonnie Hill, Lonnie Cage, and Rubin Williams are DISMISSED with prejudice, and the Clerk is DIRECTED to terminate Messrs. Hill, Cage, and Rubin. The Clerk is DIRECTED to send a copy of this Order and the Courts #129 August Opinion and Order to Antonio Henderson at his updated address. Mr. Henderson is again NOTIFIED that he will no longer be allowed to proceed jointly. If he wishes to proceed individually, he must file a notice, signed personally, explaining his intention to do so with the Court within FOURTEEN DAYS of the date of this Order. If such a notice is timely filed, the Court will sever the action and create a new civil action for him. Signed by Judge Sarah D. Morrison on 10/2/2023. (merc)(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 132 NOTICE of Change of Address by Plaintiff Antonio Henderson (Attachments: #1 Envelope) (kk2) |
| Filing 131 Response/Notice of Intent re #129 Order Adopting Report and Recommendations by Plaintiff Richard Whitman. (bjc) |
| Filing 130 MOTION for Reconsideration Pursuant to Civil Rule 59(e) by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
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Filing 129
OPINION AND ORDER ADOPTING and AFFIRMING with modification the #124 Report and Recommendation. Mr. Shine-Johnson's #102 Notice and Motion to Sever is GRANTED in part and DENIED in part. Antonio Henderson's #126 Objection is OVERRULED. Joseph Shine-Johnson's #127 Objection is SUSTAINED in part as much as he objects to the dismissal of his action without prejudice subject to refiling, but otherwise the Objection is OVERRULED. The Court construes Mr. Shine-Johnson's Objection as a notice that he wishes to proceed individually. Mr. Shine-Johnson will proceed as the sole Plaintiff in the above-captioned case after the fourteen-day window described herein closes. Plaintiffs Antonio Henderson, Lonnie Hill, Lonnie Cage, Richard Whitman, and Rubin Williams are NOTIFIED that they will no longer be allowed to proceed jointly. If they wish to proceed individually, they each must file a notice, signed personally, explaining their intention to do so with the Court within FOURTEEN DAYS of the date of this Opinion and Order. If such a notice is timely filed, the Court will sever the action and create a new civil action for that Plaintiff. They are also warned that failure to file such a notice will result in DISMISSAL with prejudice of their claims for failure to prosecute. Signed by Judge Sarah D. Morrison on 8/31/2023. (merc)(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 128 Mail Returned as Undeliverable - RETURN TO SENDER / UNDELIVERABLE AS ADDRESSED / UNABLE TO FORWARD / NOT AT THIS ADDRESS. Mail (doc #98 ) sent to Victor Steel on 11/17/2022 (kk2) |
| Filing 127 OBJECTION to #124 Report and Recommendations by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 126 OBJECTION to #124 Report and Recommendations by Plaintiff Antonio Henderson (Attachments: #1 Envelope) (kk2) |
| Filing 125 Mail Returned as Return to Sender, Attempted-Not Known and Unable to Forwared. Mail sent to James Goodson as to re #124 REPORT AND RECOMMENDATION re #102 MOTION to Sever filed by Joseph Shine-Johnson. (sem) |
| Filing 124 REPORT AND RECOMMENDATION: re #102 MOTION to Sever filed by Joseph Shine- Johnson. Objections to R&R due by 6/27/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/13/2023. (vb) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification). |
| Filing 123 Mail Returned as Undeliverable - RETURN TO SENDER / NOT DELIVERABLE AS ADDRESSED / UNABLE TO FORWARD / PAROLED. Mail (doc #98 ) sent to Troy Mason on 11/17/2022 (kk2) |
| Filing 122 Mail Returned as Undeliverable. (RELEASED) Mail sent to Troy Mason as to re #112 Order. (er) |
| Filing 121 Mail Returned as Undeliverable. (RELEASED) Mail sent to Victor Steel as to re #112 Order. (er) |
| Filing 120 Mail Returned as Undeliverable. (RELEASED) Mail sent to Robert Benford as to re #112 Order. (er) |
| Filing 119 NOTICE of Change of Address and Status Update by Plaintiff Antonio Henderson (Attachments: #1 Exhibit Copy of ECF No. 109 - Motion to Appoint Counsel, #2 Exhibit Copy of ECF No. 110 - Declaration in Support of Motion to Appoint Counsel, #3 Envelope) (kk2) |
| Filing 118 STATUS REPORT by Plaintiff Rubin Williams (Attachments: #1 Envelope) (kk2) |
| Filing 117 STATUS REPORT by Plaintiff Richard Whitman (Attachments: #1 Envelope) (kk2) |
| Filing 116 STATUS REPORT by Plaintiff Lonnie Cage (Attachments: #1 Envelope) (kk2) |
| Filing 115 STATUS REPORT by Plaintiff Lonnie Hill (Attachments: #1 Envelope) (kk2) |
| Filing 114 STATUS REPORT by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 113 Mail Returned as Undeliverable - RETURN TO SENDER / ATTEMPTED NOT KNOWN / UNABLE TO FORWARD. Mail (doc #112 ) sent to James Goodson on 5/3/2023 (kk2) |
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Filing 112
ORDER denying Motion to Appoint Counsel; #99 #101 #104 #105 #107 & #109 . Plaintiffs are ADVISED that they each have an affirmative duty to notify the Court of any change in address. If you fail to keep the Court informed of your current address/telephone number, your case may be dismissed for lack of prosecution.) If any Plaintiff intends to proceed with this action, they are DIRECTED to file a written status report that includes their current address within (14) DAYS of the date of this Order. Plaintiffs are each DIRECTED to file SEPARATE status reports, and each Plaintiff must ONLY sign his own status report, notwithstanding the Court's prior Order regarding signatures. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/3/2023. (vb) (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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| Set/Reset Deadlines: Status Reports due by 5/17/2023. (vb) |
| Filing 111 Mail Returned as Undeliverable - RETURN TO SENDER / ATTEMPTED NOT KNOWN / UNABLE TO FORWARD. Mail (doc #98 ) sent to James Goodson on 11/17/2022 (kk2) |
| Filing 110 DECLARATION by Plaintiff Antonio Henderson (Attachments: #1 Envelope) (kk2) |
| Filing 109 MOTION to Appoint Counsel by Plaintiff Antonio Henderson (Attachments: #1 Envelope) (kk2) |
| Filing 108 DECLARATION Giving Notice to the Court the Need of Counsel re #107 MOTION to Appoint Counsel by Plaintiff Lonnie Hill (Attachments: #1 Envelope) (kk2) |
| Filing 107 MOTION to Appoint Counsel by Plaintiff Lonnie Hill (Attachments: #1 Envelope) (kk2) |
| Filing 106 DECLARATION Giving Notice to the Court the Need of Counsel re #105 MOTION to Appoint Counsel by Plaintiff Lonnie Cage (Attachments: #1 Envelope) (kk2) |
| Filing 105 MOTION to Appoint Counsel by Plaintiff Lonnie Cage (Attachments: #1 Envelope) (kk2) |
| Filing 104 MOTION to Appoint Counsel and/or MOTION to Sever Richard Whitman's Claims in This Suit by Plaintiff Richard Whitman. Responses due by 12/22/2022. (Attachments: #1 Envelope) (kk2) |
| Filing 103 DECLARATION in Support re #101 MOTION to Appoint Counsel & #102 MOTION to Sever by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 102 MOTION to Sever Himself to Pursue His Interest in the Suit Independently or With Remaining BeCI Inmates and/or Appoint Counsel; NOTICE to the Court That All Plaintiffs are No Longer Available to Sign Every Filing and Pleadings by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 101 MOTION to Appoint Counsel by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 100 DECLARATION Giving Notice to the Court the Need of Counsel re #99 MOTION to Appoint Counsel by Plaintiff Rubin Williams (Attachments: #1 Envelope) (kk2) |
| Filing 99 MOTION to Appoint Counsel by Plaintiff Rubin Williams (Attachments: #1 Envelope) (kk2) |
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Filing 98
The State of Ohios Objection is OVERRULED. (ECF No. 71.) Plaintiff Shine-Johnsons Objection to the Report and Recommendation (ECF No. 73) and Response to Interested Partys Objection (ECF No. 78) are STRICKEN. The Court ADOPTS AND AFFIRMS IN PART the Magistrate Judges Report and Recommendation. (ECF No. 69.) The Court also RECOMMITS Plaintiffs official capacity claims for prospective injunctive relief against the ODRC/BCI Defendants to the Magistrate Judge for further 1915(e)(2), 1915A review and analysis under the mootness doctrine. Plaintiffs are PERMITTED to proceed with their collective claims against Defendant David Gray in his individual capacity. Plaintiffs remaining collective claims are DISMISSED in their entirety. Plaintiffs Henderson, Earley-Tabor, Goodson, Taborn, Mason, and Hills individual medical deliberate indifference claims against Defendant Joseph Murphy are PERMITTED to proceed. The Court also OVERRULES Plaintiffs Motion to Clarify, Object and Request a Certificate of Appealability (ECF No. 83) and ADOPTS and AFFIRMS the April 26, 2022 Order (ECF No. 80). Signed by Judge Sarah D. Morrison on 11/16/2022. (merc)(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 97 Mail Returned as Undeliverable - RETURN TO SENDER / PAROLED. Mail (doc #89 ) sent to Troy Mason on 6/24/2022 (kk2) |
| Filing 96 Mail Returned as Undeliverable - RETURN TO SENDER / PAROLED. Mail (doc #89 ) sent to Victor Steel on 6/24/2022 (kk2) |
| Filing 95 Mail Returned as Undeliverable - RETURN TO SENDER / PAROLED Mail (doc #89 ) sent to Robert Benford on 6/24/2022 (kk2) |
| Filing 94 Mail Returned as Undeliverable - RETURN TO SENDER / ATTEMPTED NOT KNOWN / UNABLE TO FORWARD. Mail (doc #89 ) sent to James Goodson on 6/24/2022 (kk2) |
| Filing 93 Mail Returned as Undeliverable - RETURN TO SENDER / RELEASED. Mail (doc #s #68 & #87 ) sent to Victor Steel on 6/16/2022 (kk2) |
| Filing 92 Mail Returned as Undeliverable - RETURN TO SENDER / RELEASED. Mail (doc #s #68 & #87 ) sent to Troy Mason on 6/16/2022 (kk2) |
| Filing 91 Mail Returned as Undeliverable - RETURN TO SENDER / RELEASED. Mail (doc #s #68 & #87 ) sent to Robert Benford on 6/16/2022 (kk2) |
| Filing 90 Mail Returned sent to James Goodson. (Return to Sender Attempted-Not Known) Contents in envelope: #68 & #87 Orders. (vb) |
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Filing 89
ORDER directing the Clerk to open a NEW CASE for Plaintiff Henderson's recent filings, the Order to Show Cause for a Preliminary Injunction & a Temporary Restraining Order, ECF No. #85 , Plaintiff Henderson's application to proceed in forma pauperis, ECF No. #86 , and the State of Ohio's response to Plaintiff Henderson's filing, ECF No. #88 . Once these filings are docketed in the new action, the Clerk is FURTHER DIRECTED to STRIKE the filings, ECF Nos. #85 , #86 , and #88 , from this action. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/23/2022. (daf)(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 88 **STRICKEN PER ECF #89 ** - RESPONSE in Opposition re #85 MOTION for Order to Show Cause for a Preliminary Injunction and a Temporary Restraining Order by Plaintiff Antonio Henderson filed by Interested Party State of Ohio. (Worly, Mindy) Modified text on 8/4/2022 (kk2) |
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Filing 87
ORDER denying #84 Motion to Appoint Counsel. Plaintiffs report that they have not received the Courts November 17, 2021 Order, ECF No. 68. (See ECF No. 83.) Accordingly, the Clerk is DIRECTED to serve Plaintiffs with copies of the Courts November 17, 2021 Order, ECF No. 68. Signed by Magistrate Judge Elizabeth Preston Deavers on June 15, 2022. (jlk) (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 86 **STRICKEN PER ECF #89 ** - MOTION for Leave to Proceed in forma pauperis by Plaintiff Antonio Henderson. (Attachments: #1 Envelope) (er) Modified text on 8/4/2022 (kk2) |
| Filing 85 **STRICKEN PER ECF #89 ** - MOTION for Order to Show Cause for a Preliminary Injunction and a Temporary Restraining Order by Plaintiff Antonio Henderson. (Attachments: #1 Envelope) (er) Modified text on 8/4/2022 (kk2) |
| Filing 84 MOTION to Appoint Counsel by Plaintiffs Robert Benford, Lonnie Cage, Lawrence Collins, Jarron Earley-Tabor, Sr, James Goodson, Mack Griffin, Antonio Henderson, Lonnie Hill, Troy Mason, Joseph Shine-Johnson, Victor Steel, Richardo Taborn, Richard Whitman, Rubin Williams (Attachments: #1 Declarations in Support, #2 Envelope) (kk2) |
| Filing 83 MOTION to Clarify, Objection to Magistrate Judge Order re ECF No. #80 , and MOTION for Certificate of Appealability by Plaintiffs Robert Benford, Lonnie Cage, Lawrence Collins, Jarron Earley-Tabor, Sr, James Goodson, Mack Griffin, Antonio Henderson, Lonnie Hill, Troy Mason, Joseph Shine-Johnson, Victor Steel, Richardo Taborn, Richard Whitman, Rubin Williams. Responses due by 6/9/2022. (Attachments: #1 Envelope) (kk2) |
| Filing 82 Mail Returned as Undeliverable - PAROLED / RETURN TO SENDER / ATTEMPTED NOT KNOWN / UNABLE TO FORWARD. Mail (doc #80 ) sent to Robert Benford on 4/27/2022 (kk2) |
| Filing 81 Mail Returned as Undeliverable - RETURN TO SENDER / ATTEMPTED NOT KNOWN / UNABLE TO FORWARD. Mail (doc #80 ) sent to James Goodson on 4/27/2022 (kk2) |
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Filing 80
ORDER striking #79 Motion for Cease and Desit [sic] Order. Signed by Magistrate Judge Elizabeth Preston Deavers on April 26, 2022. (jlk) (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 79 STRICKEN PER ORDER #80 *** MOTION for Cease and Desit Order or For the Court to Comply With ODRC Policy by Plaintiffs Robert Benford, Lonnie Cage, Lawrence Collins, Jarron Earley-Tabor, Sr, James Goodson, Mack Griffin, Antonio Henderson, Lonnie Hill, Troy Mason, Joseph Shine-Johnson, Victor Steel, Richardo Taborn, Richard Whitman, Rubin Williams. (Attachments: #1 Envelope) (tla) Modified on 4/26/2022 (jlk). |
| Filing 78 Response to Interested Party's #71 Objection to Report and Recommendations by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
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Filing 77
ORDER striking #74 and #75 Motion to Suspend Opening of Plainffs [sic] Legal Mail and Judicial Notice Pursuant USCS Fed Rules Evid R 201. Signed by Magistrate Judge Elizabeth Preston Deavers on March 29, 2022. (jlk)(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 76 Mail Returned as Undeliverable - RETURN TO SENDER / NOT DELIVERABLE AS ADDRESSED / NOT AT THIS ADDRESS. Mail (doc #69 ) sent to Robert Benford on 3/7/2022 (kk2) |
| Filing 75 STRICKEN PER #77 ORDER***Judicial NOTICE Pursuant to USCS Fed Rules Evid R 201 by Plaintiff Richard Whitman (Attachments: #1 Exhibit, #2 Envelope) (kk2) Modified on 3/29/2022 (jlk). |
| Filing 74 STRICKEN PER #77 ORDER*** MOTION to Suspend Opening of Plaintiff's Legal Mail by Plaintiff Joseph Shine-Johnson (Attachments: #1 Exhibit, #2 Envelope) (kk2) Modified on 3/29/2022 (jlk). |
| Filing 73 OBJECTION to #69 Report and Recommendations by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 72 Mail Returned as Undeliverable - RETURN TO SENDER / ATTEMPTED NOT KNOWN / UNABLE TO FORWARD. Mail (doc #69 ) sent to James Goodson on 3/7/2022 (kk2) |
| Filing 71 OBJECTION to #69 Report and Recommendations by Interested Party State of Ohio. (Worly, Mindy) |
| Filing 70 NOTICE of Appearance by Mindy Ann Worly for Interested Party State of Ohio (Worly, Mindy) |
| Filing 69 REPORT AND RECOMMENDATION: re #25 Complaint and #59 Amended Complaint. It is RECOMMENDED that Plaintiffs be PERMITTED to proceed with their collective claims against Defendant David Gray in his individual capacity, but that Plaintiffs remaining collective claims be DISMISSED in their entirety. The Undersigned FURTHER RECOMMENDS that that Plaintiffs Antonio Henderson, Jarron Earley-Tabor, James Goodson, Richard J. Taborn, Troy Mason, and Lonnie Hills individual medical deliberate indifference claims against Defendant Joseph Murphy be PERMITTED to proceed. Objections to R&R due by 3/18/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on March 4, 2022. (jlk)(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 68
ORDER - STRIKING #67 Motion for Miscellaneous Relief filed by Joseph Shine-Johnson, #66 Motion for Preliminary Injunction filed by Joseph Shine-Johnson. To the extent that Plaintiff Shine-Johnson wishes to pursue claims related to his mail being opened outside of his presence, as these documents suggest, he is DIRECTED to file a separate lawsuit for such claims, naming the appropriate parties as Defendants, and to pay the Court's filing fee or complete a new application to proceed in forma pauperis. Signed by Magistrate Judge Elizabeth Preston Deavers on November 17, 2021. (jlk) (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 67 STRICKEN PER #68 ORDER***JUDICIAL NOTICE by Plaintiff Joseph Shine-Johnson (Attachments: #1 Exhibit, #2 Envelope) (kk2) Modified on 11/17/2021 (jlk). |
| Filing 66 STRICKEN PER #68 ORDER*** MOTION for Preliminary Injunction by Plaintiff Joseph Shine-Johnson (Attachments: #1 Declaration in Support A, #2 Declaration in Support B, #3 Text of Proposed Order, #4 Envelope) (kk2) Modified on 11/17/2021 (jlk). |
| Filing 65 Mail Returned as Undeliverable - RETURN TO SENDER / NOT DELIVERABLE AS ADDRESSED / UNABLE TO FORWARD. Mail (doc #64 ) sent to Lawrence Collins on 8/24/2021 (kk2) |
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Filing 64
ORDER DENYING Plaintiff Henderson's #63 Motion for Compassionate Release for lack of jurisdiction. Signed by Judge Sarah D. Morrison on 8/23/2021. (tb)(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 63 MOTION for Compassionate Release by Plaintiff Antonio Henderson. (Attachments: #1 Envelope) (er) |
| Filing 62 NOTICE of Change of Address by Plaintiff James Goodson (Attachments: #1 Envelope) (kk2) |
| Filing 61 Mail Returned as Undeliverable - RETURN TO SENDER / NOT DELIVERABLE AS ADDRESSED / UNABLE TO FORWARD. Mail (doc #s #58 , #60 , and the NEF for #59 ) sent to Lawrence Collins on 5/11/2021 (kk2) |
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Filing 60
ORDER - The Court ADVISES non-party Mr. McCain that it appears that the Court's April 22, 2021 Order, ECF No. #45 , was inadvertently mailed to him by mistake, and it is NOT applicable or relevant to any other pending claim or action Mr. McCain may have. Signed by Magistrate Judge Elizabeth Preston Deavers on May 11, 2021. (jlk) (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 59 AMENDED COMPLAINT against Amy Acton, Eddy Andrews, Eddy Bobby, Annette Chambers-Smith, David Gray, Patrick Haley, Mike Dewine, Ernie Moore, Joseph Murphy, Karen Stanforth, UMC Taylor, filed by Robert Benford, Rubin Williams, Joseph Shine-Johnson, Mack Griffin, Lonnie Hill, Victor Steel, Antonio Henderson, Lonnie Cage, Troy Mason, Lawrence Collins, Richard Whitman, Jarron Earley-Tabor, Sr, Richardo Taborn, James Goodson. (Attachments: #1 Exhibit) (jlk) |
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Filing 58
ORDER denying as moot #56 Motion to Amend Complaint. On April 22, 2021, the Court withdrew the #38 Report and Recommendation, and ordered Plaintiffs to file an amended complaint. (ECF No. #45 .) The Clerk is DIRECTED to file Plaintiff's Amended Complaint, ECF No. 56-1, with the attached Exhibits, ECF No. 56-2. Signed by Magistrate Judge Elizabeth Preston Deavers on May 11, 2021. (jlk)(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 57 MOTION Seeking Clarification of the Application and Relevance to the Undersigner in the Above Civil Action re #45 Order by Michael D McCain, Sr. (Attachments: #1 Envelope) (kk2) |
| Filing 56 MOTION to Amend Complaint by Plaintiffs Robert Benford, Lonnie Cage, Lawrence Collins, Jarron Earley-Tabor, Sr, James Goodson, Mack Griffin, Antonio Henderson, Lonnie Hill, Troy Mason, Joseph Shine-Johnson, Victor Steel, Richardo Taborn, Richard Whitman, and Rubin Williams (Attachments: #1 Proposed Amended Statement of Claim, #2 Proposed Exhibits, #3 Envelope) (kk2) |
| Filing 55 OBJECTION to #38 Report and Recommendations by Plaintiff Troy Mason (Attachments: #1 Envelope) (kk2) |
| Filing 54 OBJECTION to #38 Report and Recommendations by Plaintiff Robert Benford (Attachments: #1 Envelope) (kk2) |
| Filing 53 OBJECTION to #38 Report and Recommendations by Plaintiff Rubin Williams (Attachments: #1 Envelope) (kk2) |
| Filing 52 OBJECTION to #38 Report and Recommendations by Plaintiff Lonnie Hill (Attachments: #1 Envelope) (kk2) |
| Filing 51 OBJECTION to #38 Report and Recommendations by Plaintiff Richardo Taborn (Attachments: #1 Envelope) (kk2) |
| Filing 50 OBJECTION to #38 Report and Recommendations by Plaintiff Lawrence Collins (Attachments: #1 Envelope) (kk2) |
| Filing 49 OBJECTION to #38 Report and Recommendations by Plaintiff Jarron Earley-Tabor, Sr. (Attachments: #1 Envelope) (kk2) |
| Filing 48 OBJECTION to #38 Report and Recommendations by Plaintiff Victor Steel (Attachments: #1 Envelope) (kk2) |
| Filing 47 OBJECTION to #38 Report and Recommendations by Plaintiff Mack Griffin (Attachments: #1 Envelope) (kk2) |
| Filing 46 OBJECTION to #38 Report and Recommendations by Plaintiff James Goodson (Attachments: #1 Envelope) (kk2) |
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Filing 45
ORDER - The #38 Report and Recommendation is withdrawn. Plaintiffs shall file an amended Complaint by MAY 6, 2021. Signed by Magistrate Judge Elizabeth Preston Deavers on April 22, 2021. (jlk) (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 43 OBJECTION to #38 Report and Recommendations by Plaintiff Lonnie Cage (Attachments: #1 Envelope) (kk2) |
| Filing 42 OBJECTION to #38 Report and Recommendations by Plaintiff Richard Whitman (Attachments: #1 Envelope) (kk2) |
| Filing 41 OBJECTION to #38 Report and Recommendations by Plaintiff Antonio Henderson (Attachments: #1 Envelope) (kk2) |
| Filing 44 Mail Returned as Undeliverable. (5A42) Mail sent to Victor Steel re doc 35 - Order. (The ODRC website shows that he is still INCARCERATED at Belmont Correctional; he may have been off site when this mailing was sent.) (er) |
| Filing 40 OBJECTION to #38 Report and Recommendations by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 39 Letter from N Sabir Abdullah (Attachments: #1 Envelope) (kk2) |
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Filing 38
REPORT AND RECOMMENDATION re #25 Complaint: It is RECOMMENDED that the Court DISMISS Plaintiffs' claims in their entirety. That recommendation notwithstanding, Plaintiff Goodson is ADVISED that he has the right to file a separate action to pursue any claim(s) for medical deliberate indifference that he believes he may have. Objections to R&R due by 4/26/2021. ORDER denying #4 Motion for the Appointment of Counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on April 12, 2021. (jlk) (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 37
ORDER DISMISSING the actions of Plaintiffs Bobby Nix and N. Sabir Abdullah for lack of prosecution. Signed by Judge Sarah D. Morrison on 4/9/2021. (tb)(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 36 Response re #33 Order on Motion for the Court to Access Any Fees from Bobby Nix and N. Sabir Abdullah to Him by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
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Filing 35
ORDER denying #34 Motion to Amend Complaint. Signed by Magistrate Judge Elizabeth Preston Deavers on April 1, 2021. (jlk) (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 34 MOTION to Amend Complaint by Plaintiff Joseph Shine-Johnson (Attachments: #1 Proposed Amended Statement of Claim, #2 Envelope) (kk2) |
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Filing 33
ORDER denying #32 Plaintiff Shine-Johnson's Motion for the Court to Access Any Fees from Bobby Nix and N. Sabir Abdullah to Him. Should Plaintiff Shine-Johnson still seek to pay the filing fees of Plaintiffs Bobby Nix and/or N. Sabir Abdullah, he is DIRECTED to file another Motion seeking such an Order by APRIL 16, 2021. To the extent that Plaintiff Earley-Tabor believes he has been overcharged, he is DIRECTED to file his own Motion, with accompanying documentation to reflect any overcharge(s), by APRIL 16, 2021. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/26/2021. (ew)(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 32 MOTION / Request the Court to Access [sic] Any Fees from Bobby Nix and N Sabir Abdullah to Him by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Set/Reset Deadlines per #31 : Deficiency Deadline re payment of the full filing fee from Plaintiffs Nix and Abdullah due by 4/5/2021. (kk2) |
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Filing 31
ORDER ADOPTING REPORT AND RECOMMENDATION in full. The Court ORDERS Plaintiffs Bobby Nix and N. Sabir Abdullah to each pay the full amount of the filing fee within twenty-one days of this Order. Failure to pay the full amount by the deadline will result in DISMISSAL. Signed by Judge Sarah D. Morrison on 3/15/2021. (tb)(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 30 Mail Returned as Undeliverable - RETURN TO SENDER / NOT DELIVERABLE AS ADDRESSED / UNABLE TO FORWARD. Mail (doc #28 ) sent to Lawrence Collins on 2/9/2021 (kk2) |
| Filing 29 STATUS REPORT by Plaintiff Lawrence Collins (Attachments: #1 Envelope) (kk2) |
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Filing 28
ORDER granting #22 , #27 Motions for Leave to Proceed in forma pauperis of Plaintiff Earley-Tabor. The Court will conduct an initial screening of the Complaint under 28 U.S.C. 1915A as soon as practicable to determine whether or not any claims are subject to dismissal as frivolous, malicious, failing to state a claim, or because the Complaint seeks monetary relief from a Defendant who is immune from such relief. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/9/2021. (er)(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 27 Amended MOTION for Leave to Proceed in forma pauperis (with certified trust fund statement from prison cashier) by Plaintiff Jarron Earley-Tabor, Sr. (Attachments: #1 Envelope) (kk2) |
| Filing 26 NOTICE to Court and Correction of the Record by Plaintiff Richard Whitman (Attachments: #1 Envelope) (kk2) |
| Set/Reset Deadlines per #24 : Status Report from Lawrence Collins due by 2/16/2021 (kk2) |
| Filing 25 COMPLAINT with JURY DEMAND filed by Robert Benford, Bobby Nix, Rubin Williams, Joseph Shine-Johnson, Mack Griffin, Lonnie Hill, Victor Steel, Antonio Henderson, Lonnie Cage, Troy Mason, N. Sabir Abdullah, Lawrence Collins, Richard Whitman, Jarron Earley-Tabor, Sr, Richardo Taborn and James Goodson against Amy Acton, Eddy Andrews, Eddy Bobby, Annette Chambers-Smith, David Gray, Patrick Haley, Mike Dewine, Ernie Moore, Joseph Murphy, Karen Stanforth and UMC Taylor. (er) |
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Filing 24
ORDER AND REPORT AND RECOMMENDATIONS re #1 -1 Complaint: It is ORDERED that Plaintiffs Joseph Shine-Johnson, Rubin Williams, Antonio Henderson, Lonnie Hill, James Goodson, Robert Benford, Lonnie Cage, Mack Griffin, Troy Mason, Richard Whitman, Victor Steel, Lawrence Collins, and Richardo Taborn be allowed to prosecute their 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 Lawrence Collins is DIRECTED to file a written status report that includes his new address within TWENTY-ONE (21) DAYS of the date of this Order. Plaintiff Earley-Tabor is DIRECTED to either (1) pay $25.00, which will reflect his share of the $350 filing and administrative fee; or (2) submit, WITHIN THIRTY (30) DAYS of the date of this Order and Report and Recommendation, the required certified trust fund statement from his prisons cashier. On Plaintiffs Bobby Nix and N. Sabir Abdullah, the Magistrate Judge RECOMMENDS that the Court: (1) assess Plaintiffs the full amount of the filing fee; (2) dismiss the case for want of prosecution; and (3) not reinstate the case to the Courts active docket even if the filing fee is then paid in full. Objections to R&R due by 2/9/2021. The Court will conduct an initial screening of the Complaint as soon as practicable to identify cognizable claims and to recommend dismissal of Plaintiffs Complaint, or any portion of it, which 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. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/26/2021. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified typo on 1/27/2021 (kk2)
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| Filing 23 Mail Returned as Undeliverable - RETURN TO SENDER / NO LONGER AT THIS ADDRESS / UNABLE TO FORWARD. Mail (doc #11 ) sent to Lawrence Collins on 12/8/2020 (kk2) |
| Filing 22 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Jarron Earley-Tabor, Sr. (Attachments: #1 Envelope) (kk2) |
| Filing 21 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Richardo Taborn (Attachments: #1 Envelope) (kk2) |
| Filing 20 NOTICE of Change of Address by Plaintiff James Goodson (Attachments: #1 Envelope) (kk2) |
| Filing 19 Mail Returned as Undeliverable - RETURN TO SENDER / ATTEMPTED NOT KNOWN / UNABLE TO FORWARD. Mail (doc #11 with IFP Form) sent to Richard Whitman on 12/8/2020 (kk2) |
| Filing 18 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Lawrence Collins (Attachments: #1 Envelope) (kk2) |
| Filing 17 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Victor Steel (Attachments: #1 Envelope) (kk2) |
| Filing 16 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Richard Whitman (Attachments: #1 Envelope) (kk2) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Troy Mason (Attachments: #1 Envelope) (kk2) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Mack Griffin (Attachments: #1 Envelope) (kk2) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Lonnie Cage (Attachments: #1 Envelope) (kk2) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Robert Benford (Attachments: #1 Envelope) (kk2) |
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Filing 11
ORDER - As to the eleven Plaintiffs who have not submitted Motions for Leave to Proceed in forma pauperis, if they intend to proceed with this action, they are ORDERED to submit, within 30 days, the required $350.00 filing fee, divided equally amongst each Plaintiff. Alternatively, each Plaintiff is ORDERED to submit, an application for leave to proceed in forma pauperis. Deficiency Deadline by 1/7/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on December 8, 2020. (jlk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 12/9/2020 (kk2)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff James Goodson (Attachments: #1 Envelope) (kk2) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Lonnie Hill (Attachments: #1 Envelope) (kk2) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Antonio Henderson (Attachments: #1 Envelope) (kk2) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Rubin Williams (Attachments: #1 Envelope) (kk2) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 5 Prisoner Trust Fund Account Statement re #1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
| Filing 4 MOTION to Appoint Counsel by Plaintiff Joseph Shine-Johnson (Attachments: #1 Envelope) (kk2) |
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Filing 3
NUNC PRO TUNC ORDER and NOTICE OF DEFICIENCY. Signed by Magistrate Judge Elizabeth Preston Deavers on November 18, 2020. (Attachments: #1 IFP) (jlk) (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 2
ORDER and NOTICE OF DEFICIENCY re #1 Motion for Leave to Proceed in forma pauperis, filed by Joseph Shine-Johnson. Plaintiff Shine-Johnson has not submitted all of the required information. Specifically, Plaintiff's Motion is not accompanied by a certified copy of a trust fund account statement or statutorily-required affidavit. Plaintiff has submitted an uncertified copy of what appears to be his trust fund account statement, but this submission is deficient. (ECF No. 1.) Consequently, Plaintiff Shine-Johnson is DIRECTED to either (1) pay the $350 filing and administrative fee; or (2) submit, WITHIN THIRTY (30) DAYS of the date of this order, the required certified trust fund statement from his prison's cashier. Deficiency Deadline by 12/17/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on 11/17/2020. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified typos on 11/18/2020 (kk2)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: summons, USM-285 forms, and complaints for service) by Plaintiff Joseph Shine-Johnson (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Envelope) (kk2) |
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