Mayhan v. Balzer et al
| Brandon L. Mayhan |
| Russell L. Martin, Corrections Officer Deskin, Corrections Officer Saylor, Corrections Officer Burns, Corrections Officer Presley (No. 1), Corrections Officer Presley (No. 2), Corrections Officer Hall (No. 1), Corrections Officer Hall (No. 2), Corrections Officer Roehrbech, Corrections Officer Hanes, Corrections Officer Householder, Corrections Officer Fogel, Corrections Sgt. Frost, Nurse Doe No. 1, Nurse Doe No. 2, Nurse Doe No. 3, Nurse Doe No. 4, Nurse Doe No. 5, Dr. Richard Roe, Corrections Sgt. Shoemaker, Corrections Sgt. Robinson, Corrections Sgt. Burton and Sheriff Jeffrey Balzer |
| 2:2025cv00522 |
| May 12, 2025 |
| U.S. District Court for the Southern District of Ohio |
| Douglas R Cole |
| Peter B Silvain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 12
ORDER granting #11 Motion for Extension of Time; Plaintiff is ORDERED to submit to the Court completed summons and U.S. Marshal forms for all Defendants by December 4, 2025. Signed by Magistrate Judge Peter B. Silvain, Jr on 11/4/25. (pb)(sums/usm285)(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 MOTION for Extension of Time to File Document(s) re #10 Order to Show Cause by Plaintiff Brandon L. Mayhan. (kaw) |
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Filing 10
ORDER TO SHOW CAUSE - Plaintiff shall SHOW CAUSE in writing - not later than November 3, 2025 - why the Court should not dismiss Plaintiff's claims against all Defendants for failure to prosecute. Plaintiff may, in the alternative, submit to the Court completed summons and U.S. Marshal forms for all Defendants by November 3, 2025. For his convenience, the Clerk of Court is DIRECTED to send Plaintiff blank summons and U.S. Marshal forms for all Defendants along with this Order. 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 is ADVISED that his failure to properly comply with this Order to Show Cause will result in a Report and Recommendation to the District Judge that Plaintiff's claims against all Defendants be dismissed for lack of prosecution. Link v. Wabash R.R., 370 U.S. 626, 630-31 (1962); see also Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991). IT IS SO ORDERED. Signed by Magistrate Judge Peter B. Silvain, Jr on 10/2/2025. (acw)(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 9
ORDER - IT IS THEREFORE ORDERED THAT: 1. Plaintiff shall submit summons and United States Marshal forms for all Defendants within thirty (30) days of the date of this Order. 2. The Clerk of Court is DIRECTED to provide Plaintiff with summons and United States Marshal Forms for all Defendants and to send Plaintiff a copy of the Pro Se Handbook. 3. The Clerk of Court is DIRECTED to correct the spelling of Delaware County Sheriff Jeffrey Balzer's name on the docket. Signed by Magistrate Judge Peter B. Silvain, Jr on 8/15/2025. (acw)(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 8 COMPLAINT with JURY DEMAND against Jeffrey Balzer, Burns, Burton, Deskin, Fogel, Frost, Hall (No. 1), Hall (No. 2), Hanes, Householder, Russell L. Martin, Nurse Doe No. 1, Nurse Doe No. 2, Nurse Doe No. 3, Nurse Doe No. 4, Nurse Doe No. 5, Presley (No. 1), Presley (No. 2), filed by Brandon L. Mayhan. (Attachments: #1 Supplemental Complaint) (acw) |
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Filing 7
ORDER - This matter is before the Court on Plaintiff's Motions for Leave to Proceed in forma pauperis. (Doc. #1 , #5 ). It appears from Plaintiff's affidavit that he lacks the funds to pay the costs or give security for such costs. The Court therefore GRANTS Plaintiff's second Motion for Leave to Proceed in forma pauperis (Doc. #5 ) and hereby authorizes commencement of this action without prepayment of fees or costs. Plaintiff's first Motion for Leave to Proceed in forma pauperis (Doc. #1 ) is DENIED as moot. IT IS SO ORDERED. Signed by Magistrate Judge Peter B. Silvain, Jr on 8/15/2025. (acw)(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 NOTICE of Change of Address by Plaintiff Brandon L. Mayhan. (Attachments: #1 Envelope) (er) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Plaintiff Brandon L. Mayhan. (Attachments: #1 Notice of Electronic Filing of Doc. #2 , #2 Cover Letter, #3 Envelope) (acw) |
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Filing 4
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:23-cv-426 ARE related. Case reassigned to Judge Douglas R. Cole for all further proceedings. This matter is still assigned to Magistrate Judge Silvain. Signed by Judge Douglas R. Cole and Judge Michael H. Watson on 5/27/2025. (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 2
DEFICIENCY ORDER - Plaintiff is ORDERED to pay $405 ($350 filing fee plus $55 administrative fee) or submit to the Court a completed Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form, including a certified copy of his trust fund account statement (or institutional equivalent) for the preceding six-month period within thirty (30) days of the date of this Order. Plaintiff must also answer the questions on page 6 of the form regarding the existence of assets outside of his prison account. If Plaintiff fails to comply with this Order, he is WARNED that the Court will dismiss his case for want of prosecution.. Signed by Magistrate Judge Peter B. Silvain, Jr on 5/22/25. (pb)(ifp)(Cashier) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 5/22/2025 (pb).
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Brandon L. Mayhan. (Attachments: #1 Complaint, #2 Supplemental Complaint, #3 Civil Cover Sheet, #4 Summons Form, #5 USM Form, #6 Envelope) (er) |
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