Trenn v. Harkness

Full title: CODY TRENN, Plaintiff, v. HERBERT H. HARKNESS, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Apr 30, 2013

Civil Action 2:13-CV-407 (S.D. Ohio Apr. 30, 2013)

Opinion

Civil Action 2:13-CV-407

04-30-2013

CODY TRENN, Plaintiff, v. HERBERT H. HARKNESS, Defendant.

Norah McCann King

Judge Sargus

Magistrate Judge King

ORDER

Having performed the initial screen of the Complaint required by 28 U.S.C. §§ 1915(e), 1915A, the Court concludes that plaintiff's claim of excessive force in violation of the Eighth and Fourteenth Amendments may proceed.

It is ORDERED that, if plaintiff submits a copy of the Complaint, a summons and a Marshal service form for the defendant, the United States Marshal shall effect service of process upon defendant by certified mail. Defendant may have forty-five days after service of process to respond to the Complaint.

Plaintiff is ADVISED that he must assure that defendant is served with process within 120 days of the filing of the Complaint. If defendant is not served within 120 days, the claims against him will be dismissed. See F.R. Civ. P. 4(m).

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Norah McCann King

United States Magistrate Judge