Griffin et al v. Terry Collins et al

Filing 12

ORDER. The U.S. Marshal is DIRECTED to effect service of process on each named defendant, who shall have 45 days after service of process to respond to the Complaint. Plaintiff Mark Griffin's motion 11 , is DENIED as moot. Signed by Magistrate Judge Norah McCann King on 06/26/2009. (sr)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MARK GRIFFIN, SR., et al., Plaintiffs, vs. TERRY COLLINS, Director, et al., Defendants. INITIAL SCREEN OF THE COMPLAINT Plaintiffs, state inmates, bring this action under 42 U.S.C. §1983, alleging that conditions in the inmate cafeteria at the Belmont Correctional Institution violate the Eighth Amendment to the United States Constitution and state law. This matter is now before the Court for the Civil Action 2:09-CV-210 Judge Sargus Magistrate Judge King

initial screen of the Complaint required by 28 U.S.C. §§1915(e), 1915A. At this juncture, the action can proceed on plaintiffs' Eighth Amendment claim. Plaintiffs cannot proceed on their claims under state law

unless and until the Ohio Court of Claims determines that defendants are not entitled to immunity from suit by virtue of O.R.C. §9.86. Marshall, 887 F.2d 700, 704 (6th Cir. 1989). The United States Marshal is DIRECTED to effect service of process on each named defendant, who shall have forty-five (45) days after service of process to respond to the Complaint. Plaintiff Mark Griffin's motion for status of the case, Doc. No. 11, is DENIED as moot. See Haynes v.

June 26, 2009

s/Norah McCann King Norah McCann King United States Magistrate Judge