King v. Halburnt ( 2019 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON TODD A. KING, SR., : Case No. 3:19-cv-360 : Plaintiff, : District Judge Walter H. Rice : Magistrate Judge Sharon L. Ovington vs. : : SGT. RYAN HALBURNT, et al., : : Defendants. : ORDER Plaintiff is an inmate at the Montgomery County Jail in Dayton, Ohio. He is proceeding in this case in forma pauperis under 28 U.S.C. § 1915. Plaintiff’s pro se Complaint is presently before the Court for initial review. See 28 U.S.C. §§ 1915(e)(2), 1915A. “[T]hese statutes require the court to dismiss any portion of the complaint that (1) fails to state a claim upon which relief can be granted, or (2) is frivolous. A complaint can be frivolous either factually or legally. Any complaint that is legally frivolous would ipso facto fail to state a claim upon which relief can be granted.” Hill v. Lappin, 630 F.3d 468, 470 (6th Cir. 2010) (citing Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827 (1989)). Having conducted an initial review of Plaintiff’s Complaint, the Court finds that dismissal under 28 U.S.C. §§ 1915(e)(2) or §1915A(a)-(b) is not warranted at this stage of the litigation. The United States Marshal is ORDERED to serve Defendants with process. November 18, 2019 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge