Taylor v. Cavaliers Operating Company LLC et al

Filing 4

Memorandum Opinion and Order granting re 2 Motion to proceed in forma pauperis filed by Kenneth Taylor. His claims against the Cavaliers Operating Co., Quicken Loans Arena, Daniel Gilbert, Michael Sims, the Cleveland Cavaliers, the C leveland Police Department, Officer Russell, Officer Gingell and Tennables Protective Services, Inc. are dismissed. Plaintiff's First Amendment claim is dismissed against all defendants except the City of Cleveland, John Doe Officers, Officer Ec kstein, and Officer Heffernan. Plaintiff's Equal Protection claim is dismissed against all defendants except the City of Cleveland and the John Doe Officers. His Due Processs claim is dismissed against all defendants except the City of Cleveland . Plaintiff's Fourth Amendment cliam is dismissed agaisnt all defendants except Captain Heffernan, Officer Eckstein, and the John Doe officers. Plaintiff's claim under 42 U.S.C. section 1981 is dismissed against all defendants except City o f Cleveland and the John Doe officers. Mr. Taylor claims under 18 U.S.C. section 242, 42 U.S.C. section 1985, and Ohio Revised Code section 4112.02 are dismissed against all defendants. The court certifies, pursuant to 28 U.S.C. section 1915(a)(3), t hat an appeal from this decision could not be taken in good faith. The remaining claims shall proceed solely against the defendants set forth above. Mr. Taylor provided summonses for the City of Cleveland and Captain Heffernan. He has not provided Ma rshal Froms or summonses for Officer Eckstein or any of the John Doe defendants. The Clerk's Office is directed to forward the appropriate documents pertaining to the City of Cleveland and Captain Heffernan to the U.S. Marshal for service of pr ocess. Mr. Taylor is ordered to provide the U.S. forms and summonses for John Doe Officers and Officer Eckstine within thirty(30) days of this order. Mr. Taylor is further ordered to send a "Notice of Compliance," with an appropriate case caption for filing, with the completed forms. The Clerk's Office is directed to mail sufficient marshal forms and summonses to Mr. Wise with a copy of this order. Judge Donald C. Nugent on 6/19/09. (E,P) Modified text on 6/19/2009 (E,P).