Frost v. Murphy et al
| Robert V. Frost |
| Robin Murphy, Krist Gapen, Karen Stanford, Dr. Andrew D. Eddy, Mergitu Hubena, Patrick Olabode, Ohio Dept. of Rehab & Corr., O.S. U. Medical Dept. and All John and Jane Does |
| 2:2025cv01103 |
| September 18, 2025 |
| U.S. District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Edmund A Sargus |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 6, 2026. A more recent docket listing may be available from PACER.
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Filing 12
MOTION FOR SERVICE BY U. S. MARSHAL re #11 REPORT AND RECOMMENDATIONS re #10 Complaint filed by Robert V. Frost by Plaintiff Robert V. Frost. (Attachments: #1 Summons Form, #2 USM 285 Forms) (pb)
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Filing 11
ORDER - The Undersigned determines that Plaintiff, in an abundance of caution, may PROCEED at this juncture on his Eighth Amendment deliberate indifference claims and his Ohio state law medical malpractice claims against Defendants Murphy, Stanford, Gapen, Dr. Eddy, Hubena, Olabode, and Unnamed OSU Doe. But Plaintiff has not signed the USM 285 forms for the U.S. Marshals to effectuate service. (See Doc. 1-9, PageID 183-90). It is therefore ORDERED THAT to proceed, Plaintiff must sign the service forms on his own behalf and submit a signed form for each remaining Defendant WITHIN 30 days of the date of this Order with a motion to issue service. The Clerk of Court is DIRECTED to return the unsigned service forms (Doc. 1-9) to Plaintiff for him to sign and refile. Additionally, one Defendant against whom Plaintiff has been permitted to proceed at this juncture, Unnamed OSU Doe, is identified only by the individuals place of employment, rather than by name. (Signed Complaint, Doc. 1-7, PageID 152, 155). Because Plaintiff has provided insufficient identifying information for this Defendant, the Court will treat this individual as an unidentified Defendant. Plaintiff is advised that, before service may be issued upon Unnamed OSU Doe, he must file a motion to issue service setting forth the identity of this Defendant. Plaintiff must also provide updated United States Marshal and summons forms for service on Unnamed OSU Doe once the individual's identity is discovered. Plaintiff is therefore ORDERED to file a motion to issue service, including updated United States Marshal and summons forms, if and when Plaintiff discovers the identity of this Defendant through discovery. No service will be issued on this Defendant unless Plaintiff complies with this Order. Plaintiff's request for counsel (Doc. 1-7, PageID 160) is DENIED without prejudice; REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT: (1) Plaintiff's remaining claims be DISMISSED, including his official capacity claims for monetary damages, medical malpractice and negligence claims raised under 1983, Fourteenth Amendment Due Process claims, and dereliction of duty claims; (2) Plaintiff's First Amendment right to file grievances claim against Defendant Murphy be DISMISSED; (3) Plaintiff's claims against Ohio state agencies ODRC and OSU Medical Department be DISMISSED. Because Plaintiff has failed to state a plausible claim against Defendants ODRC and OSU Medical Department the Undersigned further RECOMMENDS that these Defendants be DISMISSED from this action; (4) The Court CERTIFY pursuant to 28 U.S.C. 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and therefore, deny Plaintiff leave to appeal in forma pauperis. ( Objections to R&R due by 2/12/2026). Signed by Magistrate Judge Stephanie K. Bowman on 1/29/2026. (km)(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 10
COMPLAINT against All Defendants, filed by Robert V. Frost. (Attachments: #1 Civil Cover Sheet) (km)
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Filing 9
MOTION TO STAY ALL PROCEEDING FOR (60) SIXTY DAYS by Plaintiff Robert V. Frost. (pb)
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Filing 8
MOTION for a Jury Demand by Plaintiff Robert V. Frost. (pb)
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Filing 7
ORDER granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis and ordering the collection of the full filing fee of $350.00 in accordance with the Prison Litigation Reform Act (PLRA) and the terms set forth in this Order. The Clerk of Court is DIRECTED to send a copy of this Order to the institutional cashier at London Correctional Institution and to Plaintiffs address listed on the docket. Signed by Magistrate Judge Stephanie K. Bowman on 11/17/2025. (km)(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
Mail sent to Robert V. Frost re #2 Deficiency Order Returned as Undeliverable. (kh)
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Filing 5
NOTICE Complying with Deficiency Notice by Plaintiff Robert V. Frost re #2 Order, #4 Notice (Attachments: #1 Signed Complaint, #2 Civil Cover Sheet Signed Civil Covered Sheet, #3 Summons Form, #4 USM 285 Forms - Service Forms) (pb)
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Filing 4
NOTICE of Change of Address and Response to #2 bDeficiency Order by Plaintiff Robert V. Frost. (Attachments: #1 Civil Cover Sheet, #2 Deficiency Order, #3 Complaint (Unsigned), #4 Envelope) (kh)
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Filing 3
Mail Returned as Undeliverable. Mail sent to Robert V. Frost as to re #1 MOTION for Leave to Proceed in forma pauperis. Attachments: #1 Content in Envelope (bew)
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Filing 2
DEFICIENCY ORDER - The Clerk of Court is DIRECTED to return Plaintiff's unsigned Complaint and civil cover sheet, and to send a copy of this Deficiency Order to Plaintiff at his current address. (See Doc. 1-6, PageID 37). Plaintiff is ORDERED to sign the documents and return them to the Clerk of Court within 30 DAYS if he wishes to proceed with this action. Failure to do so may result in the dismissal of this action. See Fed. R. Civ. P. 11(a). Plaintiff is ADVISED that he must keep this Court informed of his current address and promptly file a Notice of New Address if his address changes. The Clerk of Court is directed to mail this order to the address of record but also to send a courtesy copy to Plaintiff, pursuant to Doc. 1-6, PageID 37, at this address: 6155 Honeygate Drive, Huber Heights, Ohio 45424. Response to Order due by 10/30/2025. Signed by Magistrate Judge Stephanie K. Bowman on 9/30/2025. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified Docket Text on 9/30/2025 (km).
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Plaintiff Robert V. Frost. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Summons Form, #4 Notice of Waiver, #5 Waiver form, #6 Request to Clerk of Courts) (er) (Additional attachment(s) added on 11/5/2025: #7 Signed Compliant, #8 Summons Form, #9 USM285 Forms) (pb).
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