Cooper v. Sheriff's Office et al

Filing 21

ORDER REGARDING SERVICE OF PROCESS: Plaintiff is ORDERED to submit his Summons Forms, USM 285 forms, and civil cover sheet by May 23, 2014. Plaintiff is ADVISED that failure to do so will result in DISMISSAL of his case. Signed by Magistrate Judge Michael J Newman on 4/22/14. (cib1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVID O. COOPER,
Plaintiff,

Case No.: 3:13-cv-272

vs.
MONTGOMERY COUNTY, OHIO
SHERIFF’S DEPARTMENT, et al.,

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Defendants.
ORDER REGARDING SERVICE OF PROCESS
This is a pro se case which the Court dismissed on February 26, 2014 for Plaintiff’s lack
of prosecution. See doc. 16. Plaintiff subsequently indicated that he has not been receiving
correspondence from the Court. Doc. 18. On April 21, 2014, the Court rescinded its Order
dismissing the case and the Judgment Entry, and ordered that the case be re-opened. Doc. 20.
This case was originally filed on August 15, 2013. Doc. 1. Over eight months later,
service of process has not been completed solely because Plaintiff, who has been granted in
forma pauperis status,1 has failed to return the forms necessary for the U.S. Marshal to complete
service of process.2 On April 1, 2014, the Clerk of Court mailed Summons Forms, USM 285
forms, and a civil cover sheet to Plaintiff at his new address at the Orient Correctional Reception
Center.
Despite having his case dismissed for failure to prosecute based on his failure to respond
to five separate Orders to Show Cause, see docs. 2, 4, 9, 11, 14, Plaintiff has been given a second

1

The Court notes that no initial partial filing fee or monthly payments have been made as
required by 28 U.S.C. § 1915(b).
2
Service of process is likely to prove problematic because the individual Defendants are
identified only as “Barb Doe,” “MCJ Doe staff,” “2nd Shift MCJ Doe officers,” “3rd Shift MCJ Doe
Officers.” Doc. 1 at PageID 2-3.

chance to pursue his case. The Court has afforded Plaintiff extensive leniency in an effort to
resolve this case on the merits and avoid dismissal based on procedural defects. Although the
Court has extended substantial leeway based on the possibility that Plaintiff has not received
correspondence from the Court, ultimately it is the responsibility of Plaintiff to prosecute his
case. Plaintiff has provided the Court with his updated address and to the Court’s knowledge
there are no other reasons preventing Plaintiff from prosecuting his case, notwithstanding his
incarceration.
Accordingly, Plaintiff is ORDERED to submit his Summons Forms, USM 285 forms,
and civil cover sheet by May 23, 2014. Plaintiff is ADVISED that failure to do so will result in
DISMISSAL of his case. The Court will not excuse any further failures to comply with this
Order or future Orders. Given his multiple address changes, Plaintiff is ORDERED that he
must immediately inform the Court in writing of any changes in address.
IT IS SO ORDERED.
April 22, 2014.

s/ Michael J. Newman
United States Magistrate Judge

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