Underwood v. Montgomery County, Ohio et al

Filing 7

ORDER TO THE CLERK - It is hereby ORDERED that, if Plaintiff presents the appropriate forms to the Clerk (Summonses and Marshal 285 forms), the Clerk shall issue process in this case and the United States Marshal shall serve it. Signed by Magistrate Judge Michael R Merz on 4/29/2009. (kopf1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
KALA UNDERWOOD, Plaintiff, -vs: MONTGOMERY COUNTY, OHIO, et al., Defendants. : Case No. 3:09-cv-083 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz

ORDER TO THE CLERK The Court has reviewed the Amended Complaint in this action as required by 28 U.S.C. § 1915. For the reasons set forth in the Magistrate Judge's prior Report and Recommendations (Doc. No. 3), it appears that, at least on a prima facie basis, the Amended Complaint sets forth some claims for relief against some Defendants. Since all Defendants here are likely to be represented by the same counsel, judicial economy will be served by allowing process to issue and counsel to answer the Amended Complaint. Accordingly, it is hereby ORDERED that, if Plaintiff presents the appropriate forms to the Clerk (Summonses and Marshal 285 forms), the Clerk shall issue process in this case and the United States Marshal shall serve it. Plaintiff is reminded that process must be completed within 120 days of the initial filing, to wit, by June 27, 2009. Failure to make service by that date will result in dismissal of the case for failure to prosecute. April 29, 2009.
s/ Michael R. Merz United States Magistrate Judge

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