Moore v. Central Ohio Drug Enforcement Task Force (Code TF) et al

Filing 8

REPORT AND RECOMMENDATIONS: The Court finds that Plaintiff may proceed with his Fourth and Fourteenth Amendment claims for allegedly including false statements in the search warrant application for Plaintiffs property and residence. It is ORDERED tha t the U.S. Marshal serve each Defendant. Defendants are ORDERED to respond within 45 days of service. Objections to R&R due by 9/8/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on August 25, 2017. (jlk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

CHAD A. MOORE,
Plaintiff,

Civil Action 2:16-cv-987
Judge George C. Smith
Magistrate Judge Elizabeth P. Deavers

v.

CENTRAL OHIO DRUG
ENFORCEMENT TASK FORCE,
et al.,
Defendants.
REPORT AND RECOMMENDATION
Plaintiff, Chad Moore, an inmate at Noble Correctional Institution, brings this action
under 42 U.S.C. § 1983 against Defendants. (ECF No. 6.) This matter is before the Court for
the initial screen of Plaintiff’s Complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A to identify
cognizable claims and to recommend dismissal of Plaintiff’s Complaint, or any portion of it,
which is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks
monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2); see
also McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997). Having performed the initial
screen, the Court finds that Plaintiff may proceed with his Fourth and Fourteenth Amendment
claims for allegedly including false statements in the search warrant application for Plaintiff’s
property and residence.
It is ORDERED that the United States Marshal serve by certified mail upon each
Defendant named in Part I of the form Complaint a summons, a copy of the Complaint, and a
copy of this Order.

Each Defendant is ORDERED to answer or otherwise respond to the Complaint within
45 days after being served with a copy of the Complaint and summons.
The Clerk of Court is DIRECTED to mail a copy of this ORDER to Plaintiff.

IT IS SO ORDERED.

Date: August 25, 2015

/s/ Elizabeth A. Preston Deavers
ELIZABETH A. PRESTON DEAVERS
UNITED STATES MAGISTRATE JUDGE

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