Hogan v. Smith
| Tremain Hogan |
| Annette Chambers Smith, Warden Ed Banks, Micheal Anderson and Lisa Hoying |
| 3:2023cv00226 |
| August 10, 2023 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| Stephanie K Bowman |
| Michael J Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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Filing 8
Mail Returned as Undeliverable. Marked RTS/NATA Hot Case 45402 Mail sent to Tremain Hogan as to re #6 Summons Issued . (bjr)
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Filing 7
SUMMONS Returned Executed as to Defendants Micheal Anderson, Ed Banks, Lisa Hoying, Annette Chambers Smith. Micheal Anderson served on 9/21/2023, answer due 10/12/2023; Ed Banks served on 9/21/2023, answer due 10/12/2023; Lisa Hoying served on 9/21/2023, answer due 10/12/2023; Annette Chambers Smith served on 9/21/2023, answer due 10/12/2023. (pb)
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Filing 6
Summons Issued as to Micheal Anderson, Ed Banks, Lisa Hoying, Annette Chambers Smith. (pb)(USM)
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Filing 5
ORDER - The United States Marshal Service is DIRECTED to serve a copy of the Summons, the Complaint, the Order granting Plaintiff in forma pauperis status, and this Order and Report and Recommendation on Defendants, with costs of service to be advanced by the United States; REPORT AND RECOMMENDATIONS - The Undersigned has screened the Complaint (Doc. 1-3) as required by 28 U.S.C. 1915A(a) and 28 U.S.C. 1915(e)(2) and concludes that Plaintiff may proceed further on his Fourteenth Amendment equal protection and due process claims. Although these claims may proceed at this time, the Undersigned RECOMMENDS that the Court DISMISS any part of the claims that may seek immediate or speedier release from state custody or may directly challenge the results of Plaintiff's post-release control violation hearing(s). The Undersigned further RECOMMENDS that the Court DENY Plaintiff's Petition for Injunctive Relief (Doc. #4 ) at this time, without prejudice to renewal or reconsideration after further factual development. ( Objections to R&R due by 9/25/2023). Signed by Magistrate Judge Stephanie K. Bowman on 9/11/2023. (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 4
MOTION for Injunctive Relief by Plaintiff Tremain Hogan. (km)
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Filing 3
COMPLAINT against All Defendants, filed by Tremain Hogan. (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Verity, #3 Exhibits D, E and F, #4 Affidavit Exhibit G) (km)
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Filing 2
ORDER granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis and ordering the collection of the full filing fee pursuant to the Prison Litigation Reform Act (PLRA) and the terms set forth in this Order. The Clerk is DIRECTED to mail a copy of this Order to Plaintiff and to the institutional cashier's office, and to forward a copy to this Courts financial office in Dayton. Signed by Magistrate Judge Stephanie K. Bowman on 9/11/2023. (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 1
MOTION for Leave to Proceed in forma pauperis by Plaintiff, Tremain Hogan. (Attachments: #1 Affidavit of Indigency, #2 Affidavit of Verity & Affidavit Listing all Federal and State Civil Actions or Appeals of Civil Violations Filed Within Last Five Years, #3 Complaint, #4 Civil Cover Sheet, #5 Petition for Injunctive Relief, #6 Appendix - Exhibits D, E & F, #7 Affidavit, #8 Summons Form) (bjr)
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