City of Dayton, Ohio v. A.R. Environmental, Inc. et al

Filing 35

ORDER REGARDING SERVICE OF PROCESS. Signed by Magistrate Judge Michael J Newman on 4/5/2012. (mdf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CITY OF DAYTON,
:

Case No. 3:11-cv-383

:

Magistrate Judge Michael J. Newman
(consent case)

Plaintiff,
vs.

A.R. ENVIRONMENTAL, INC., et al.,

:

Defendants.

ORDER REGARDING SERVICE OF PROCESS

The Court has reviewed pro se Defendant Alex Penland’s Amended Third-Party Complaint1
pursuant to 28 U.S.C. § 1915(e)(2), and finds, at this early juncture in the litigation, that dismissal
of that pleading is not warranted. Therefore, the United States Marshal (“USM”) is ORDERED to
make service of process in this case under Fed. R. Civ. P. 4(c)(3) as follows:
1.

The Clerk is ORDERED to mail Defendant Penland the required Summonses and

USM Form 285's to serve the eight (8) named Third-Party Defendants.
2.

Upon receipt of properly completed Summonses and USM Form 285's, the United

States Marshal is ORDERED to serve copies of Documents 1, 12 and 33 on the following named
Third-Party Defendants: C2 Diversified, Max Fuller, Steve Rauch Incorporated, Fitzgerald
Murraine, Bill Oconnel, Michael Johnson, Michael Cromartie, and Mark Muller.

1

Defendant Penland first filed an “Amended Complaint for Cross Claims and Relief,” which the Court
liberally construed to be a Third-Party Complaint. See doc. 12. He also filed a “Second Amended
Complaint,” which the Court liberally construed as an Amended Third-Party Complaint. The subsequent
pleading incorporated earlier pleadings, and added additional claims and facts. See docs. 12, 33. The Court
reviewed both pleadings in its 28 U.S.C. § 1915 review.

3.

All costs of service shall be advanced by the United States.

IT IS SO ORDERED.
s/ Michael J. Newman
United States Magistrate Judge

April 5, 2012

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