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15-2033 - Picone v. United States Marshal Service, et al.


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15-2033 - Picone v. United States Marshal Service, et al.
September 1, 2015
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REPORT AND RECOMMENDATION re 1 MOTION for Leave to Proceed in forma pauperis filed by ADAM PICONE. It is recommended that this prisoner lawsuit be transferred pursuant to 28 U.S.C. ยง 1406(a) to the United States District Court for the Northern District of Ohio. It is also recommended that a ruling on Plaintiff's in forma pauperis motion be deferred to the transferee court. Objections to R&R due by 9/18/2015. Signed by Magistrate Judge Cynthia Reed Eddy on 9/1/2015. (bsc)[Transferred from pawd on 10/1/2015.]
September 30, 2015
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MEMORANDUM ORDER. It is hereby ORDERED that this prisoner lawsuit be transferred forthwith to the United States District Court for the Northern District of Ohio. It is hereby ORDERED that 3 Report and Recommendation is ADOPTED as the Opinion of the Court. It is further ORDERED that 1 Motion to Proceed in forma pauperis and 4 Motion for appointment of counsel be deferred to the transferee court. It is further ORDERED that the Clerk of Court mark this case CLOSED. Signed by Judge Mark R. Hornak on 9/30/15. (bdb) Modified on 10/1/2015 to add additional docket text. (ksa) [Transferred from pawd on 10/1/2015.]
September 21, 2016
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l claim for an injunction. Judge Sara Lioi on 9/21/2016. (S,He)Memorandum Opinion and Order: For all of the foregoing reasons, defendant United States Marshal Service's motion to dismiss (Doc. No. 16) is granted, and the United States Marshal Service is dismissed from this action. Additionally, defendant Northeast Ohio Correctional Center's motion to dismiss (Doc. No. 12) is granted in part, and Northeast Ohio Correctional Center is likewise dismissed from this action. Plaintiff shall have leave until 10/31/2016 to amend his complaint to bring his federal claim for injunctive relief against the appropriate prison official at Northeast Ohio Correctional Center. Should plaintiff fail to file a timely amended complaint, the Court will dismiss without prejudice plaintiff's federa