Facts
- Plaintiff Carl Bently Marion II is a prisoner represented by counsel in a civil rights action. [lines="15"]
- The court is required to screen the complaint filed by a prisoner seeking redress from a governmental entity before proceeding. [lines="28-33"]
- The court must identify any cognizable claims or dismiss the complaint if it is deemed frivolous or fails to state a claim. [lines="35-41"]
- The court notes there are numerous pending prisoner civil rights cases, leading to inevitable delays in screening. [lines="87-89"]
- Summonses were previously issued before the action's redesignation, and service of process efforts are expected to continue. [lines="97-100"]
Issues
- Whether the court has authority to screen a prisoner's complaint regardless of representation by counsel. [lines="49-51"]
- Whether the complaint can be dismissed if it fails to state a cognizable claim or is deemed frivolous. [lines="35-41"]
Holdings
- The court holds that it must screen complaints from prisoner plaintiffs, regardless of whether they are represented by counsel. [lines="57"]
- The court may dismiss the complaint if it is determined to be frivolous or fails to state a claim for relief. [lines="36-40"]
OPINION
Case Information
*1 Case: 3:24-cv-00132-MJN-PBS Doc #: 7 Filed: 06/03/24 Page: 1 of 1 PAGEID #: 49
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ARMCORP CONSTRUCTION, INC., : Case No. 3:24-cv-132
:
Plaintiff, : : District Judge Michael J. Newman vs. : Magistrate Judge Peter B. Silvain, Jr. : TALISMAN CASUALTY INSURANCE :
COMPANY, LLC, :
:
Defendant. : NOTICE OF DEFICIENCY AND ORDER
This matter is before the Court upon a sua sponte review for compliance with Federal Rule of Civil Procedure 7.1(a)(2). Defendant has not filed a diversity disclosure statement as required by that Rule. [1] Defendant is therefore ORDERED to file such a statement no later than thirty days from the date of this Order. A sample “Diversity of Citizenship Disclosure Statement” is available on the Court’s website. [2]
IT IS SO ORDERED. s/ Peter B. Silvain, Jr. June 3, 2024 Peter B. Silvain, Jr. United States Magistrate Judge
[1] Defendant Talisman Casualty Insurance Company, LLC is a limited liability company. As such, its citizenship for purposes of diversity jurisdiction is determined by the citizenship of its members and sub-members. See Akno 1010 Market St. St. Louis Mo. LLC v. Pourtaghi , 43 F.4th 624, 626 (6th Cir. 2022) (citing Delay v. Rosenthal Collins Grp., LLC , 585 F.3d 1003, 1005 (6th Cir. 2009); B&N Coal, Inc. v. Blue Race Midstream, LLC , No. 19-4111, 2020 WL 9474311, at *1 (6th Cir. Dec. 2, 2020)).
[2] https://www.ohsd.uscourts.gov/ohio-southern-district-forms