Wright v. Cox et al
| Randy Lee Wright |
| Charles Cox, Dee Sanders and Miami County Commissioners Office |
| 3:2010cv00201 |
| May 26, 2010 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MIAMI |
| Thomas M Rose |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
42
ORDER ADOPTING 41 REPORT AND RECOMMENDATIONS. It is hereby ORDERED that 38 Motion for Judgment on the Pleadings is MOOT and the Complaints filed in both cases (3:10-cv-201 consolidated with 3:10-cv-286) are DISMISSED without prejudice for want of prosecution. Signed by Judge Timothy S. Black on 12/22/10. (mr1) (Additional attachment(s) added on 12/22/2010: # 1 Certified Mail Receipt DN 42 & 43 sent cert mail & reg mail) (mr1).
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Filing
41
REPORT AND RECOMMENDATIONS - It is therefore respectfully recommended that the Court: 1. Find the pending motion for judgment on the pleadings (Doc. No. 38) to be moot, and 2. Dismiss both cases without prejudice for want of prosecution. Objections to R&R due by 12/20/2010. Signed by Magistrate Judge Michael R Merz on 12/1/2010. (kpf1)
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Filing
35
DECISION AND ORDER DISSOLVING STAY, DENYING APPOINTMENT OF COUNSEL, AND ORDERING PRELIMINARY PRETRIAL CONFERENCE AND PAYMENT OF FILING FEE - These cases are before the Court on report from the Volunteer Lawyers Project that Plaintiff has failed twice to respond to their requests that he provide information for appointment of counsel. Accordingly, the referral to the VLP and the stay of these proceedings are vacated and Plaintiff's request for appointment of counsel is denied. Judicial Assi stant Kelly Kopf will set this matter for preliminary pretrial conference. Plaintiff has now been released from imprisonment and is accordingly ordered to pay the filing fee in installments of not less than $5.00 per month per case, commencing November 1, 2010, and continuing on the first of each month thereafter. Failure to make timely payments as thus ordered will result in dismissal of these cases, unless good cause to the contrary be shown. Signed by Magistrate Judge Michael R Merz on 10/8/2010. (kpf1)
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Filing
29
DECISION AND ORDER - The above-numbered cases have been ordered consolidated. All further filings in either case will be filed in Case No. 3:10-cv-201 with both case numbers shown. Case No. 3:10-cv-286 is before the Court for review prior to issuance of process.Having conducted the initial screening as required by 28 U.S.C. § 1915, the Magistrate Judge finds that the Complaint and Amended Complaint may state a claims for relief under 42 U.S.C. § 1983. Given that conclusion, the Magistr ate Judge believes it would be inappropriate to attempt to resolve the case on Plaintiff's Complaint and Amended Complaint alone. Accordingly, it is hereby ordered that the Clerk issued process and deliver the same to the United States Marshal for service upon presentation by Plaintiff of summonses and Marshal 285 forms. Signed by Magistrate Judge Michael R Merz on 7/28/2010. (kpf1)
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Filing
25
ORDER denying 22 Motion to Appoint Counsel ; vacating the Preliminary Pretrial Conference 23 Motion to Continue; finding as moot 24 Motion to require Defendant's counsel to confer with the Plaintiff at the jail. Signed by Magistrate Judge Michael R Merz on 7/19/2010. A copy of this order will be mailed to the Pro Se plaintiff at the address listed on the docket sheet. (gh1)
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Filing
21
DECISION AND ORDER REGARDING SERVICE OF PROCESS AND SECOND AMENDED COMPLAINT - Plaintiff's Motion to Correct Process and/or Sufficiency of Service of Process (Doc. No. 19) is denied without prejudice to its renewal once Defendants file such a mo tion. Plaintiff has filed an Amended Complaint (Doc. No. 20), purportedly pursuant to Fed. R. Civ. P. 15's permission to do so prior to a responsive pleading. The Amended Complaint was filed July 14, 2010, subsequent to Plaintiff's Answer on June 25, 2010. Moreover, Fed. R. Civ. P. 15 only permits one amendment as a matter of right and Plaintiff had already filed an amended complaint (Doc. No. 8). Accordingly, Plaintiff's second Amended Complaint (Doc. No. 20) is STRICKEN. Signed by Magistrate Judge Michael R Merz on 7/15/2010. (kpf1)
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