Cordell v. Doe McKinny

Filing 20

NOTICE TO PLAINTIFF - This case is before the Court on correspondence to the Clerk from Plaintiff dated September 10, 2010. Plaintiff advises that his Amended Complaint (Doc. No. 14) was filed for the purpose of adding The Greene County Jail and The Greene County Sheriff's Office as defendants. Under Fed. R. Civ. P. 15, a plaintiff is entitled to file an amended complaint once before any answer is filed without the Courts permission; on that basis, the Amended Complaint was accepted. Howeve r, adding parties requires court permission which must be sought by a separate motion. The case is now stayed pending review by the Volunteer Lawyers Project. Once the stay is vacated, Plaintiff is free to move to add additional parties. However, Pla intiff is advised that the Greene County Jail and the Greene County Sheriff's Office are not suable entities under Ohio law. Rather, the proper party defendant for those two institutions would be the Greene County Sheriff in his official capacity. Signed by Magistrate Judge Michael R Merz on 9/18/2010. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
PHILLIP CORDELL, Plaintiff, -vs: JOHN DOE McKINNY, Deputy Sheriff, Defendant. : Case No. 3:10-cv-212 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz

NOTICE TO PLAINTIFF

This case is before the Court on correspondence to the Clerk from Plaintiff dated September 10, 2010. Plaintiff advises that his Amended Complaint (Doc. No. 14) was filed for the purpose of adding The Greene County Jail and The Greene County Sheriff's Office as defendants. Under Fed. R. Civ. P. 15, a plaintiff is entitled to file an amended complaint once before any answer is filed without the Court's permission; on that basis, the Amended Complaint was accepted. However, adding parties requires court permission which must be sought by a separate motion. The case is now stayed pending review by the Volunteer Lawyers Project. Once the stay is vacated, Plaintiff is free to move to add additional parties. However, Plaintiff is advised that the Greene County Jail and the Greene County Sheriff's Office are not suable entities under Ohio law. Rather, the proper party defendant for those two institutions would be the Greene County Sheriff in his official capacity. September 18, 2010.
s/ Michael R. Merz United States Magistrate Judge
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