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Beightler v. Ohio Health

United States District Court, S.D. Ohio, Eastern Division

July 24, 2019

STEPHEN A. BEIGHTLER, Plaintiff,
v.
OHIO HEALTH, Defendant.

          Judge Sarah D. Morrison

          ORDER AND INITIAL SCREEN REPORT AND RECOMMENDATION

          ELIZABETH A. PRESTON DEAVERS, CHIEF UNITED STATES MAGISTRATE JUDGE

         Plaintiff, Stephen A. Beightler, a state inmate who is proceeding without the assistance of counsel, brings this action under 42 U.S.C. § 1983, asserting claims involving libel. (See ECF No. 1.) On June 3, 2019, the Clerk issued a Notice of Deficiency because Plaintiff had filed his Complaint without the required forms for a motion for leave to proceed in forma pauperis. (ECF No. 2.) The deadline to cure this deficiency was July 3, 2019. (Id.) Plaintiff failed to file anything responsive to the Notice of Deficiency by that date. On July 11, 2019, the Court issued an Order for Plaintiff to submit, within thirty (30) days, the required filing fee or a proper application for leave to proceed in forma pauperis and certified trust fund statement. (ECF No. 5.) On July 19, 2019, Plaintiff submitted the proper forms for his Motion for Leave to Proceed in forma pauperis. (ECF No. 6.) Plaintiff's Motion is GRANTED. (Id.) Plaintiff's original Motion for Leave to Proceed in forma pauperis is DENIED AS MOOT. (ECF No. 1.)

         Plaintiff is required to pay the full amount of the Court's $350 filing fee. 28 U.S.C. § 1915(b)(2). Plaintiff's certified trust fund statement reveals that as of June 20, 2019, he possessed the sum of $0.01 in his prison account, which is insufficient to pay the full filing fee. (ECF No. 6, PG. ID #28.) His certified trust fund statement also indicates that his average monthly deposits during the past six months as of June 20, 2019 were $1.63. (Id.) Furthermore, his certified trust fund statement indicates that his average monthly balance during the past six months as of June 20, 2019 was $40.36. (Id.)

         Pursuant to 28 U.S.C. § 1915(b)(1), the custodian of Plaintiff's inmate trust account (Inmate #A748937) at Madison Correctional Institution is DIRECTED to submit to the Clerk of the United States District Court for the Southern District of Ohio as an initial partial payment, 20% of the greater of either the average monthly deposits to the inmate trust account or the average monthly balance in the inmate trust account, for the six-months immediately preceding the filing of the Complaint. After full payment of the initial, partial filing fee, the custodian shall submit 20% of the inmate's preceding monthly income credited to the account, but only when the amount in the account exceeds $10.00 until the full fee of $350.00 has been paid to the Clerk of this Court. 28 U.S.C. § 1915(b)(2).

         Checks should be made payable to: Clerk, United States District Court. The checks should be sent to:

Prisoner Accounts Receivable
260 U.S. Courthouse
85 Marconi Boulevard
Columbus, OH 43215

         The prisoner's name and this case number must be included on each check.

         It is ORDERED that Plaintiff be allowed to prosecute his action without prepayment of fees or costs and that judicial officers who render services in this action shall do so as if the costs had been prepaid. The Clerk of Court is DIRECTED to mail a copy of this Order to Plaintiff and the prison cashier's office. The Clerk is FURTHER DIRECTED to forward a copy of this Order to the Court's financial office in Columbus.

         This matter is also before the Court sua sponte for an initial screen of Plaintiff's Complaint as required by 28 U.S.C. § 1915(e)(2) to identify cognizable claims and to recommend dismissal of Plaintiff's Complaint, or any portion of it, which is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). As an initial matter, on June 4, 2019, Plaintiff filed a Motion for Leave to Amend. (ECF No. 3.) Plaintiff seeks to amend his Complaint “to correct the date in which the medical report was generated by defendant to reflect 23 aug 2018, 27 days after incident occurred on 17 july 2018, and day after indictment.” (Id.) Plaintiff's Motion is GRANTED. (Id.) The Court accepts the corrections to the Complaint as indicated by Plaintiff ...


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