Underwood v. Montgomery County, Ohio et al
| Kala Underwood |
| Montgomery County, Ohio, John Doe 1-6 and Jane Doe 1-2 |
| 3:2009cv00083 |
| February 27, 2009 |
| US District Court for the Southern District of Ohio |
| Civil Rights: Other Office |
| MONTGOMERY |
| Michael R Merz |
| Thomas M Rose |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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The following documents for this case are available for you to view or download:
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Filing
19
SECOND NOTICE TO PLAINTIFF - On April 6, 2010, the Court ORDERED that Plaintiff show cause not later than April 15, 2010, why this Court should not grant the Motion for Sanctions, including dismissing the case with prejudice (Doc. No. 18). That Notic e was mailed to Plaintiff at the only address she has ever provided the Court, 3561 Valencia Drive. The Postal Service has returned that Notice with the handwritten legend not at this address and the printed legend Notify Sender of New Address. It is accordingly ORDERED that: 1. The Clerk enter the address of 7613 Berchman Drive, Dayton, Ohio 45424-2110 on the docket as an alternative address for the Plaintiff; 2. The Clerk send copies of this Second Notice to Plaintiff to both addresses; 3. Pla intiff show cause not later than April 30, 2010, why this Court should not grant the Motion for Sanctions, including dismissing the case with prejudice and advise the Court of her correct address for all further proceedings. Signed by Magistrate Judge Michael R Merz on 4/19/2010. (kpf1)
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Filing
18
NOTICE TO PLAINTIFF - This case is before the Court upon Defendants' Motion for Sanctions (Doc. No. 17) which requests that this case be dismissed for failure to provide discovery. It is accordingly ORDERED that Plaintiff show cause not later than April 15, 2010, why this Court should not grant the Motion for Sanctions, including dismissing the case with prejudice. Signed by Magistrate Judge Michael R Merz on 4/5/2010. (kpf1)
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Filing
14
NOTICE TO PLAINTIFF - This case is before the Court upon the filing of a Report under Fed. R. Civ. P. 26(f) by Defendants (Doc. No. 13). The Report recites that "Plaintiff has not contacted counsel for Defendants for purposes of conducting a Ru le 26 conference. Plaintiff's phone has been disconnected, and as such, counsel for Defendants is submitting this Report." Plaintiff is hereby advised that participation in the pretrial process is mandatory. Plaintiff must advise the Court not later than September 9, 2009, of a telephone number at which she can be reached for the pretrial conference or if she prefers to have the conference in person. If Plaintiff fails to comply with this order and fails to appear for the pretrial conference, the case will be dismissed for want of prosecution. Signed by Magistrate Judge Michael R Merz on 9/2/2009. (kopf1, )
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Filing
12
ORDER OF REFERENCE. Signed by Judge Thomas M Rose on 8/12/09. (bev, )
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Filing
7
ORDER TO THE CLERK - It is hereby ORDERED that, if Plaintiff presents the appropriate forms to the Clerk (Summonses and Marshal 285 forms), the Clerk shall issue process in this case and the United States Marshal shall serve it. Signed by Magistrate Judge Michael R Merz on 4/29/2009. (kopf1, )
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Filing
4
ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 . Signed by Judge Thomas M Rose on 3/25/09. (bev1, )
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Filing
3
REPORT AND RECOMMENDATIONS; ORDER TO THE CLERK - It is accordingly recommended that the Complaint, insofar as it alleges individual liability of the Sheriff, be dismissed without prejudice for failure to state a claim upon which relief can be granted . The Clerk shall not issue process as to the Sheriff in his individual capacity without further order of the Court. The balance of the Complaint does appear to state claims for relief against the named but unknown corrections officers and against Mo ntgomery County. Accordingly, when the plaintiff presents properly prepared process directed to Montgomery County, the Clerk shall issue the same. Since the Plaintiff was granted leave to proceed in forma pauperis, the Marshal shall serve such proces s if presented with a properly prepared Marshal's service form. Once Montgomery Countyhas been served, Plaintiff will be in a position to obtain the names of the John and Jane Doe Defendants and amend the Complaint to name them. Objections to R&R due by 3/23/2009. Signed by Magistrate Judge Michael R Merz on 3/5/2009. (kopf1, )
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