Hess v. City of Huber Heights Municipality et al

Filing 3

ORDER REGARDING SERVICE OF PROCESS - The United States Marshal is ORDERED to make service of process in this case under Fed. R. Civ. P. 4(c)(3). All costs of service shall be advanced by the United States. Signed by Magistrate Judge Michael J Newman on 09/23/13. (pb1)

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

GLEN A. HESS,

:

Case No. 3:13-CV-312

:

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

Plaintiff,
v.
:
CITY OF HUBER HEIGHTS
MUNICIPALITY, et al.,
Defendants.

:

ORDER REGARDING SERVICE OF PROCESS

The Court granted Plaintiff’s motion for leave to proceed in forma pauperis, on
September 20, 2013, and stayed service pending its § 1915 review.
Pursuant to § 1915, the Court may dismiss a complaint upon finding (1) the claims are
frivolous or malicious; (2) the complaint fails to state a claim upon which relief may be
granted; or (3) Plaintiff seeks monetary relief from a defendant who is immune from such
relief. See 28 U.S.C. § 1915(e)(2)(B). It is appropriate for the Court to conduct this review
sua sponte prior to issuance of process “so as to spare prospective defendants the
inconvenience and expense of answering such complaints.” Neitzke v. Williams, 490 U.S. 319,
324 (1989).
Having conducted this § 1915 review, the Court finds, at this early juncture in the
litigation, that dismissal of Plaintiff’s complaint is not warranted. Accordingly, and having
been advised by the Clerk of Courts that Plaintiff has already submitted the necessary service
forms, the United States Marshal is ORDERED to make service of process in this case under
Fed. R. Civ. P. 4(c)(3). All costs of service shall be advanced by the United States.

IT IS SO ORDERED.
September 23, 2013

s/Michael J. Newman
United States Magistrate Judge