Price v. Jones, Sheriff et al

Filing 23

ORDER directing defendants to re-serve their motion for summary judgment to plaintiff at current address and to file a certificate of service with the Court. Plaintiff's response to defendants' 19 MOTION for Summary Judgment due (21) days from the date of service set forth in the certificate of service. Signed by Magistrate Judge Karen L. Litkovitz on 1/30/2013. (art)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

LANDON M. PRICE,
Plaintiff

Case No. 1: 12-cv-360
Dlott, J., Litkovitz, M.J.

vs

RICHARD K. JONES, SHERIFF, et al.,
Defendants.

ORDER

On January 21,2013, defendants filed a motion for summary judgment in response to the
complaint of plaintiff Landon M. Price, who is proceeding pro se. (Doc. 19). In the certificate of
service, defendants certified that a copy of the motion for summary judgment was provided to
plaintiff at the Butler County Jail, 705 Hanover Street, Hamilton, OH 45011 using the Court's
electronic filing system (CM/ECF) on the date the motion was filed. 1 (Doc. 19 at 10). On
January 22, 2013, the Court notified plaintiffthat a motion for summary judgment had been filed
by defendants in his case and that failure to file a response within 21 days of the date of service
set forth in the certificate attached to the motion could result in dismissal ofthe lawsuit for
failure to prosecute. (Doc. 20).
Plaintiff filed a response to the Court's notice on January 28, 2013. (Doc. 22). Plaintiff
stated he had received the Court's notice, but he had not received a copy of defendants' motion
for summary judgment as of January 28,2013. The Court's review of the docket indicates that
plaintiffs current address as listed on his response is the Boone County Jail, P.O. Box 898,

1

Because plaintiff is proceeding prose, he is not a registered user of the Court's CM/ECF system and service
therefore may not be made on him through the system. See Electronic Filing Policies and Procedures Manual for the
United States District Court, Southern District of Ohio, Section II. B. 3.

Burlington, Kentucky 41005.
Defendants are therefore ORDERED to: (1) serve on plaintiff at his current address via
regular United States mail a copy of the motion for summary judgment with a certificate of
service that complies with S.D. Ohio Civ. R. 5.2(a) and Fed. R. Civ. P. 5(d), and (2) file the
certificate of service with the Court. Plaintiff shall have 21 days from the date of service set
forth in the certificate to file a response to the motion for summary judgment.

IT IS SO ORDERED.
Date

tPo~z

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Karen L. Litkovitz
United States Magistrate Judge