Howard v. Onion

Full title: DEVIN D. HOWARD, Plaintiff, v. JAMIE ONION, ET AL., Defendants.

Court: United States District Court, N.D. Ohio

Date published: Aug 29, 2022

20-cv-02802 (N.D. Ohio Aug. 29, 2022)

Opinion

20-cv-02802

08-29-2022

DEVIN D. HOWARD, Plaintiff, v. JAMIE ONION, ET AL., Defendants.

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

ORDER

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

Plaintiff filed this action and his motion to proceed in forma pauperis on December 18, 2020.

The Court granted Plaintiff's IFP motion on April 22, 2021.¹ That same day, the Court dismissed this action under 28 U.S.C. § 1915(e).² Plaintiff appealed and the Sixth Circuit reinstated some of Plaintiff's claims.³

1 Doc. 3.

2 Doc. 4.

3 Howard v. Onion, No. 21-3515, 2022 WL 2065950, at *3 (6th Cir. May 17, 2022).

Before Plaintiff may litigate those claims, Defendants must receive service of process.⁴ As an IFP pro se litigant, Plaintiff is entitled to have the U.S. Marshal serve process on Defendants.⁵ But Plaintiff must first comply with this Court's filing requirements.⁶ Plaintiff's initial filing did not include sufficient complaint copies, summonses, or U.S. Marshal forms to serve each Defendant.

4 See generally Fed.R.Civ.P. 4.

5 28 U.S.C. § 1915(d); N.D. Ohio Civ. R. 4.1.

6 See Pro Se FP Complaint Instructions, U.S. DIST. CT. N.D. OHIO, https://www.ohnd.uscourts.gov/pro-se-ifp-complaint-instructions. Specifically, those instructions provide that the following are needed for filing:

1. Application to Proceed without Prepaying Fees or Costs (in Forma Pauperis - iFP) - AO 240

2. Civil Cover Sheet (3 Stapled Pages)

3. Complaint (see sample) * [Plaintiff] will need the original plus, one copy for each defendant, one copy for each of the U.S. Attorneys (if applicable), and a copy for [himself].

4. Summonses (2 for each named defendant)(see sample) * if a U.S. Government agency or officer is sued, you must also provide summonses for the U.S. Attorney General (Dept. of Justice, Washington, D.C. 20044) and the U.S. Attorney, N.D. Ohio (801 West Superior Avenue, Suite 400, Cleveland, Ohio 44113-1852).

5. U.S. Marshal Forms (1 for each named defendant)(see sample) * if a U.S. Government agency or officer is sued, you must also provide U.S. Marshal Forms for the U.S. Attorney General and the local U.S. Attorney.

Id. The Court's website also provides blank copies of the required forms. Pro Se Information, U.S. DIST. CT. N.D. OHIO, https://www.ohnd.uscourts.gov/pro-se-information.

The Court therefore ORDERS Plaintiff to supplement his complaint to comply with its filing requirements.

IT IS SO ORDERED.