Hurst v. Ohio Department of Rehabilitation and Correction et al, No. 2:2011cv01090 - Document 59 (S.D. Ohio 2013)
Court Description: OPINION AND ORDER granting 58 motion for leave to file amended complaint. Signed by Magistrate Judge Norah McCann King on 4/23/13. (rew)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MARK EDWARD HURST, Plaintiff, vs. Civil Action 2:11-cv-1090 Judge Smith Magistrate Judge King OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, et al., Defendants. OPINION AND ORDER Upon unopposed motion and for good cause shown, plaintiff s Motion for Leave to File Amended Complaint, Doc. No. 58, is GRANTED. Plaintiff s motion indicates that it is intended to serve as an amended complaint. See id. at p. 3. The Clerk is therefore DIRECTED to remove Doc. No. 58 from the Court s pending motions list and to indicate on the docket that Doc. No. 58 is both an amended complaint and a motion to amend the complaint. Plaintiff is ADVISED that he must submit copies of the amended complaint, summonses, and Marshal service forms for defendants John Gardner and Andrew Eddy, M.D. The fact that plaintiff was granted leave to proceed in forma pauperis does not entitle him to free copies of his filings. 28 U.S.C. ยง 1915. See also Anderson v. Gillis, 236 F. App x 738, 739 (3rd Cir. 2007) (citing Douglas v. Green, 327 F.2d 661 (6th Cir. 1964)); Thomas v. Croft, No. 2:10-cv-74, 2010 WL 1629628, at *3 (S.D. Ohio Apr. 21, 2010). IT IS FURTHER ORDERED that, if plaintiff submits copies of the amended complaint, summonses and Marshal service forms for each defendant, the United States Marshal shall serve by certified mail upon defendants a copy of the amended complaint filed herein and a copy of this Order. Each defendant is ORDERED to answer or otherwise respond to the amended complaint within forty-five (45) days after being served with a copy of the amended complaint and a summons. April 23, 2013 s/Norah McCann King_______ Norah McCann King United States Magistrate Judge 2
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