Rutherford v. Warden, Southern Ohio Correctional Facility et al

Filing 20

ORDER that plaintiff's 7 Motion for leave to file an amended complaint is Granted to the extent that plaintiff may proceed with claims alleged in his proposed amended complaint against defendants Jackson, Ahmed, Joiner, Sweeny, Lewis, Distel and Butterbaugh in their individual capacities. The proposed amended complaint alleging those claims 19 , hereby supplants plaintiff's original complaint. The defendants who have been served and have entered appearances in this case are Order ed to respond to the claims alleged in the amended complaint that have been allowed to proceed within (21) days of the date of filing of this Order. REPORT AND RECOMMENDATION that plaintiff's 7 MOTION for leave to file an amended complaint be Denied to the extend that plaintiff seeks in the proposed 19 amended complaint to bring "official capacity" claims for damages against defendants Jackson, Ahmed, Joiner, Sweeny, Lewis, Distel and Butterbaugh; to add ODRC as a defendan t; and to reinitiate a claim against Charlie Williamson, who was previously dismissed as a named defendant in this action 5 15 . ( Objections to R&R due by 7/2/2015). Signed by Magistrate Judge Karen L. Litkovitz on 6/15/2015. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)