Terry et al v. Foreman et al
| Camilia T Terry and Unamed Plaintiff(s) |
| Warden Shelbie Smith, Annette Chambers-Smith, R. Battles, Mark Foreman, M. Allen, N. Grant, Dayton Correctional and Jane Does; John Does Current and or Former Dayton Correctional Staff |
| 3:2024cv00176 |
| June 17, 2024 |
| U.S. District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Michael J Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
ORDER CONCERNING MAIL FROM THIS COURT - In order to manage the case in a timely and efficient manner, the undersigned United States Magistrate Judge hereby ORDERS that mail from this Court addressed to Plaintiff in this case is legal mail under Sallier v. Brooks, 343 F.3d 868, 877 (6th Cir. 2003). The Ohio Department of Rehabilitation and Correction is ORDERED to treat the Court's mail to Plaintiff in this case as legal mail regardless of whether it bears a "control number." The Clerk of Court is DIRECTED to serve this Order on (1) the Ohio Attorney General's Office (which represents defendants employed by the State of Ohio in similar matters) at 30 E. Broad Street, 23rd Floor, Columbus, OH 43215; and (2) the Mailroom Supervisor at Dayton Correctional Institution. Signed by Magistrate Judge Stephanie K. Bowman on 8/14/2024. (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 9
ORDER denying #2 Plaintiff's Motion to Appoint Counsel. If the case proceeds past dispositive motions and is proceeding to trial, or if Plaintiff's motion for class certification is granted, Plaintiff may renew her motion. Before this case can proceed further, the Court must screen Plaintiff's Amended Complaint. 28 U.S.C. 1915(e)(2); 28 U.S.C. 1915A(a). The Court must dismiss the Amended Complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. Screening is required because Plaintiff is a prisoner proceeding in forma pauperis and who is seeking "redress from a governmental entity or officer or employee of a governmental entity." See 28 U.S.C. 1915(e)(2) and 1915A(a). The Undersigned will conduct the required screen as soon as practicable. The Court will then enter an order and, if appropriate, direct service of the Amended Complaint on the defendant(s). The Clerk is DIRECTED to hold service until that time. The Undersigned will consider Plaintiff's motion for class certification and any other pending motions after, or along with, the initial screen. Plaintiff is ADVISED that she must keep this Court informed of her current address and promptly file a Notice of New Address if she is released or transferred. Signed by Magistrate Judge Stephanie K. Bowman on 8/14/2024. (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 8
ORDER granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis and ordering the collection of the full filing fee in accordance with 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 cashier at the institution where Plaintiff resides. Signed by Magistrate Judge Stephanie K. Bowman on 8/14/2024. (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 7 AMENDED COMPLAINT against R. Battles, Annette Chambers-Smith, Dayton Correctional, Mark Foreman, N. Grant, Jane Does; John Does Current and or Former Dayton Correctional Staff, filed by Camilia T Terry. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Envelope) (pb) |
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Filing 6
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 3:21-cv-35 ARE related. Case reassigned to Judge Michael J. Newman for all further proceedings, Judge Michael J. Newman added. Judge Walter H. Rice no longer assigned to case. Signed by Judge Walter H. Rice and Judge Michael J. Newman on 7/1/2024. (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 5
DEFICIENCY ORDER - Plaintiff is ORDERED to file an "Amended Complaint" setting forth in clear, short, and concise terms the names of each defendant, the specific claims for relief attributable to each defendant, and the factual allegations supporting each claim. As required by S.D. Ohio Civ. Rule 5.1, the Amended Complaint must be legible and double-spaced. The Court believes that Plaintiff should be able to adequately state her claims in a short and plain statement that is no more than 20 pages long. Should Plaintiff find that she needs more than twenty pages, she should file a motion seeking leave to exceed 20 pages. Plaintiff may use the standard form for pro se prisoner complaints if she wishes. To proceed, Plaintiff must submit an "Amended Complaint" that complies with this Deficiency Order within 30 days. If Plaintiff fails to comply with this order, the Undersigned will recommend that this case be dismissed for lack of prosecution. The Undersigned will resolve Plaintiff's Application to proceed in forma pauperis (Doc. #1 ) and assess the appropriate filing fee if an Amended Complaint is submitted. If Plaintiff does not wish to proceed, she may voluntarily dismiss the case. If an appropriate Amended Complaint is submitted and after the Application to proceed in forma pauperis is resolved, the Court will screen the Amended Complaint to determine if it, or any part of it, must be dismissed on the ground that it is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915A(b) and 1915(e)(2). Plaintiff is ADVISED that she must keep this Court informed of her current address, and promptly file a Notice of New Address if she is released or transferred. The Clerk of Court is DIRECTED to send Plaintiff a blank copy of the complaint form used by prisoners in this Court along with a copy of this Deficiency Order. Response to Order due 7/31/2024. Signed by Magistrate Judge Stephanie K. Bowman on 7/1/2024. (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 3 MOTION AND MEMORANDUM SEEKING CLASS CERTIFICATION by Plaintiff Camilia T Terry. (Attachments: #1 Envelope) (acw) |
| Filing 2 MOTION FOR APPOINTMENT OF CLASS COUNSEL by Plaintiff Camilia T Terry. (Attachments: #1 Declaration in Support, #2 Envelope) (acw) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Camilia T Terry. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Summons Form for All Defendants, #22 USMS Form 285 for All Defendants, #23 Envelope) (acw) |
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