Lofton v. Cuckler

Filing 4

ORDER - this action may proceed and the US Marshal shall serve a copy of the complaint, summons and this order upon defendant as directed by plaintiff. Signed by Magistrate Judge Karen L. Litkovitz on 8/15/11. (mtw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

HARRISON S. LOFTON,
Plaintiff

Case No. 1:11-cv-539
Dlott, J.

vs
C/O MATT CUCKLER,
Defendant

ORDER

Plaintiff, an inmate at the Southern Ohio Correctional Facility (SOCF) in Lucasville,
Ohio, brings this civil rights action against SOCF Corrections Officer Matt Cuckler. By
separate Order issued this date, plaintiff has been granted leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. This matter is before the Court for a sua sponte review of the
complaint to determine whether the complaint, or any portion thereof, should be dismissed as
frivolous, malicious, for failure to state a claim upon which relief may be granted, or because it
seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C.
§§ 1915(e)(2)(B), 1915A(b).
Plaintiff, who is proceeding pro se, alleges a claim of retaliation by defendant Cuckler
in violation of plaintiff’s constitutional rights. At this juncture, the Court concludes that this
action may proceed. See 28 U.S.C. § 1915(e)(2)(B).
It is ORDERED that the United States Marshal serve a copy of the complaint,
summons, and this order upon defendants as directed by plaintiff. All costs of service shall be
advanced by the United States.
It is further ORDERED that plaintiff shall serve upon defendant or, if appearance has
been entered by counsel, upon defendant’s attorney, a copy of every further pleading or other

document submitted for consideration by the Court. Plaintiff shall include with the original
paper to be filed with the clerk of court a certificate stating the date a true and correct copy of
any document was mailed to defendant or counsel. Any paper received by a district judge or
magistrate judge which has not been filed with the clerk or which fails to include a certificate
of service will be disregarded by the court.
It is further ORDERED that plaintiff shall inform the Court promptly of any changes in
his address which may occur during the pendency of this lawsuit.
IT IS SO ORDERED.

Date: 8/15/2011

s/Karen L. Litkovitz
Karen L. Litkovitz, Magistrate Judge
United States District Court

2