Opinion
Civil Action 2:09-CV-581.
July 9, 2009
ORDER and REPORT AND RECOMMENDATION
Plaintiff has been granted leave to proceed in this action without prepayment of fees or costs. Doc. No. 3. However, the claims presented in the complaint were severed, Order, Doc. No. 5, and those asserted against the Franklin County defendants were transferred to this Court. Id. This matter is now before the Court for the initial screen of those claims, as required by 28 U.S.C. § 1915(e).
Having reviewed the lengthy complaint, the Court concludes that, at this juncture, plaintiff's claims of denial of medical care may proceed. Plaintiff's claims of denial of access to the Courts cannot proceed, because plaintiff has wholly failed to even allege that any of the actions of the Franklin County defendants caused prejudice to plaintiff's litigation. See Lewis v. Casey, 518 U.S. 343, 350-51 (1996).
Plaintiff has failed to provide copies of the complaint sufficient to enable the United States Marshal Service to effect service of process on the Franklin County defendants. Plaintiff is ORDERED to do so, and to provide completed summons forms and Marshal service forms for each Franklin County defendant. Upon submission of these documents, the United States Marshal Service is DIRECTED to make service of process on the Franklin County defendants, who shall have 45 days after service to respond to the complaint.
Plaintiff is reminded that he must make arrangements for service of process within 120 days after the filing of the complaint. See F.R. Civ. P. 4(m).
It is RECOMMENDED that the complaint proceed only on the claims of denial of medical care in contravention of plaintiff's rights under the Fourteenth Amendment to the United States Constitution. It is further RECOMMENDED that plaintiff's claim of denial of access to the courts be dismissed.
If any party seeks review by the District Judge of this Report and Recommendation, that party may, within ten (10) days, file and serve on all parties objections to the Report and Recommendation, specifically designating this Report and Recommendation, and the part thereof in question, as well as the basis for objection thereto. 28 U.S.C. § 636(b)(1); F.R. Civ. P. 72(b). Response to objections must be filed within ten (10) days after being served with a copy thereof. F.R. Civ. P. 72(b).
The parties are specifically advised that failure to object to the Report and Recommendation will result in a waiver of the right to de novo review by the District Judge and of the right to appeal the decision of the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Federation of Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).