Marcum v. Duchak et al

Filing 57

DECISION AND ORDER ON MOTION TO STRIKE - The Motion (ECF No. 44) of Defendants Duchak, Davie, Gutmann, and Layman to Strike Plaintiff's Sworn Affidavit of February 22, 2018 (ECF No. 40) is granted. Signed by Magistrate Judge Michael R. Merz on 4/10/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
STATE OF OHIO
EX REL TED MARCUM,
Petitioner,

:

- vs -

Case No. 3:17-cv-437
District Judge Walter H. Rice
Magistrate Judge Michael R. Merz

SHERIFF DAVE DUCHAK,
:
Respondent.

DECISION AND ORDER ON MOTION TO STRIKE

This case is before the Court on Motion (ECF No. 44) of Defendants Duchak, Davie,
Gutmann, and Layman to Strike Plaintiff’s Sworn Affidavit of February 22, 2018 (ECF No. 40).
The Sworn Affidavit begins by recounting the suicide in the Miami County Jail of an
inmate within the twenty-four hours before the Affidavit was filed. It continues by noting jail
overcrowding conditions and understaffing and the serious medical needs of other inmates along
with inadequate medical care. Marcum complains that he himself has gained forty to fifty pounds
since being incarcerated because of poor dietary provisions and lack of exercise. He also
complains of Sheriff Duchak’s failure to visit the Jail at least monthly as required by Ohio law.
As Defendants’ note, the Affidavit is improper as to form because it contains no notary
public jurat. More importantly, it is not in support of any claims made in the Complaint or claims
proposed to be added by amendment or supplementation.

Accordingly, the Motion to Strike is GRANTED.
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April 10, 2018.
s/ Michael R. Merz
United States Magistrate Judge

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