Chasteen v. Johnson et al

Filing 87

ORDER denying as moot 49 Motion to Dismiss. Signed by Judge Algenon L. Marbley on 1/7/2013. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ADAM CHASTEEN,
Case No. 2:12-cv-229
Judge Marbley
Magistrate Judge King

Plaintiff,
v.
ROD JOHNSON, et al.,
Defendants.

ORDER

On August 31, 2012, the State of Ohio, making a special
appearance pursuant to O.R.C. § 109.361, moved to dismiss plaintiff’s
complaint for insufficient service of process.

Doc. No. 49.

The

State argues that, although the Court had previously granted plaintiff
until September 1, 2012 to demonstrate that he has taken all
appropriate action to effect service of process, he failed to do so.
Id.

The State further argues that plaintiff’s claims should be

dismissed for failure to take reasonable steps to effect service of
process.

Id.

After the filing of the State’s motion to dismiss, however, the
Court extended the deadline for demonstrating effective service of
process on the remaining named defendants to November 21, 2012.
Order, Doc. No. 59.

The docket also reflects that plaintiff has since

served at least some of the remaining defendants, see, e.g., Doc. Nos.
63, 67-68, and the State has again moved to dismiss certain defendants
for insufficient service of process.

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See Doc. Nos. 76, 79.

Under

these circumstances, the State’s August 31, 2012 motion to dismiss,
Doc. No. 49, is DENIED as moot.

s/Algenon L. Marbley
Algenon L. Marbley
United States District Judge

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