Campbell v. Butler County Jail

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
LE-LON CAMPBELL,
Plaintiff,
vs.
BUTLER COUNTY JAIL,
Defendant.
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Case No. 1:23-cv-763
Judge Michael R. Barrett
Magistrate Judge Peter B. Silvain, Jr.
ORDER
This case is before the Court upon Plaintiff’s Motion to Clarify. (Doc. 23). In his Motion,
Plaintiff asks for additional information regarding “the government’s objections” to his request to
substitute Sheriff Jones for Butler County, Ohio in his amended complaint. 	Id. 	Plaintiff also
requests a copy of the service documents. Id.
On October 16, 2025, the undersigned recommended that Plaintiff’s motion to amend his
complaint be denied. (Doc. 22). In the Report and Recommendation, the undersigned addressed
Plaintiff’s request to substitute Butler County for Sheriff Jones:
Plaintiff’s request to substitute Butler County for Sheriff Jones in
his official capacity should be denied without prejudice to renew
after service of process is issued. As indicated in the September 9,
2025 Order and Report and Recommendation, Plaintiff’s claim
against Sheriff Jones in his official capacity is treated as a claim
against Butler County. 	(Doc. 19, PageID 90). 	Although such a
substitution is permissible, see, e.g., Luke v. Abbott, 954 F. Supp.
202, 204 (C.D. Cal. 1997), it would delay proceedings in this case.
The 	undersigned 	has 	already 	ordered 	Plaintiff 	to 	provide 	a
completed summons and United States Marshal form for Sheriff
Jones, and the Clerk of Court has sent Plaintiff blank forms for this
purpose. (Doc. 19, PageID 95). Once service of process is made,
either Plaintiff or Sheriff Jones may file a motion requesting to
substitute Butler County as the Defendant in this case.
Case: 1:23-cv-00763-MRB-PBS Doc #: 25 Filed: 11/06/25 Page: 1 of 2 PAGEID #: <pageID>

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Id. at 105. 	No objections have been filed, and the Report and Recommendation is currently
pending before United States District Judge Michael R. Barrett. At this time, Plaintiff must submit
a completed summons and United States Marshal form for Sheriff Jones on or before December
3, 2025. 	As noted in the Report and Recommendation, once service of process is made, either
Plaintiff or Sheriff Jones may file a motion requesting to substitute Butler County as the Defendant
in this case.
Plaintiff’s request for copies of the service forms is hereby GRANTED. 	The Clerk of
Court is DIRECTED to send Plaintiff blank summons and U.S. Marshal forms for Defendant
Jones along with this Order.
IT IS SO ORDERED.
November 4, 2025 	s/Peter B. Silvain, Jr.
PETER B. SILVAIN, JR.
UNITED STATES MAGISTRATE JUDGE
Case: 1:23-cv-00763-MRB-PBS Doc #: 25 Filed: 11/06/25 Page: 2 of 2 PAGEID #: <pageID>