Johnson v. Cool et al, No. 1:2022cv00031 - Document 8 (S.D. Ohio 2022)

Court Description: ORDER - It is therefore ORDERED that the February 22, 2022 Opinion and Order (Doc. 7 ) is VACATED to the extent that it ordered service by the United States Marshal. Plaintiff is ORDERED to serve a summons and copy of the complaint on Defendants W illiam Cool, Denny, Goodman, Doctor Conley, and on Jon Does 1-6, if and when Plaintiff discovers the identity of the unnamed Defendants through discovery. Failure to comply with the terms of this Order shall result in a Report and Recommendation to the District Court that Plaintiffs claims against Defendants be dismissed for lack of service. Any questions regarding service should be directed to the Clerk of Court. IT IS SO ORDERED. Signed by Magistrate Judge Caroline H. Gentry on 3/2/2022. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Johnson v. Cool et al Doc. 8 Case: 1:22-cv-00031-MWM-CHG Doc #: 8 Filed: 03/02/22 Page: 1 of 1 PAGEID #: 79 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON WILLIE JOHNSON, Plaintiff, vs. WILLIAM COOL, et al., Defendants. : : : : : : : : Case No. 1:22-cv-00031 District Judge Matthew W. McFarland Magistrate Judge Caroline H. Gentry ORDER On February 22, 2022, the Court issued an Opinion and Order finding that Plaintiff could proceed with his Eighth Amendment claims against Defendants in this prisoner civil rights action. (Doc. 7). The Court ordered that the United States Marshal issue service on Defendants. (Id. at PageID 77–78). However, because Plaintiff paid the filing fee in this matter and is not proceeding in forma pauperis, he is responsible for serving the complaint on Defendants in compliance with the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 4. It is therefore ORDERED that the February 22, 2022 Opinion and Order (Doc. 7) is VACATED to the extent that it ordered service by the United States Marshal. Plaintiff is ORDERED to serve a summons and copy of the complaint on Defendants William Cool, Denny, Goodman, Doctor Conley, and on Jon Does 1-6, if and when Plaintiff discovers the identity of the unnamed Defendants through discovery. Failure to comply with the terms of this Order shall result in a Report and Recommendation to the District Court that Plaintiff’s claims against Defendants be dismissed for lack of service. Any questions regarding service should be directed to the Clerk of Court. IT IS SO ORDERED. March 2, 2022 s/Caroline H. Gentry Caroline H. Gentry United States Magistrate Judge Dockets.Justia.com

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