City of Springfield, Ohio et al v. The Blood Tribe et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION (DAYTON)
CITY OF SPRINGFIELD, OHIO, et al.,
Plaintiffs,
vs.
THE BLOOD TRIBE, et al.,
Defendants.
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Case No. 3:25-cv-00033
District Judge Thomas M. Rose
Magistrate Judge Caroline H. Gentry
ORDER
This matter is before the Court on a recent filing titled “Defendant Drake Berentz
Motion for Extension of Time to File.” (Doc. Nos. 58, 58-1.) The Motion states that
Defendant Berentz seeks an extension “to prepare and file his amendments.” (Doc. No.
58 at PageID 483.) It explains that “Berentz is without counsel and currently has no
readily available means in order to properly prepare and file said documents with the
Court. He is required to travel to a public library and use the available computers
there[.]” (Doc. No. 58 at PageID 483.) However, the Motion does not identify what
document(s) Defendant Berentz seeks to amend or state why amendment is needed.1 (Id.)
Plaintiffs filed a response to the Motion. (Doc. No. 59.)
There is a second issue with the Motion. The docket reflects that the Motion was
scanned and emailed to the Court, as well as mailed. (Doc. Nos. 58, 58-1.) The scanned
1 According to the Preliminary Pretrial Conference Order, the “Cut-off date for motions to amend the
pleadings and to add parties” is February 24, 2026. (Doc. No. 55 at PageID 431.)
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version ostensibly contains the handwritten signature of “D. Berentz” (Doc. No. 58 at
PageID 484), while the mailed copy includes the initials “D.B.” in the signature lines
(Doc. No. 58-1 at PageID 488). As noted, Drake Berentz is a defendant in this case.
The scanned version of the Motion indicates that it originated at “NCI,” or Noble
Correctional Institution, a prison facility run by the Ohio Department of Rehabilitation &
Corrections (ODRC). (Doc. No. 58 at PageID 483.) The mailed version includes an
envelope with a return address for “D. Berentz” at that institution.2 (Doc. No. 58-1 at
PageID 489.) The envelope also includes a number: 845648. (Id.)
According to the ODRC’s Offender Search tool, that number identifies the
incarcerated person as Gary D. Berentz.3 This individual is reportedly serving a sentence
imposed by the Guernsey County Common Pleas Court in Case No. 25CR63. Id. The
public records of that court reflect that this individual’s full name is Gary Dennis
Berentz. See State of Ohio v. Gary Dennis Berentz, Case No. 25CR000063.4 The
Supreme Court of Ohio’s Attorney Directory Search reveals that Gary Dennis Berentz is
not an attorney licensed to practice law in Ohio.5
It therefore appears that Gary Dennis Berentz, who is neither an attorney nor a
party to this case, signed and filed the Motion on behalf of Defendant Drake Berentz.
2 See https://drc.ohio.gov/about/facilities/noble-correctional/noble-correctional (last visited February 24,
2026).
3 See https://appgateway.drc.ohio.gov/OffenderSearch/Search/Details/A845648 (last visited February 24,
2026).
4 See https://clerkofcourts.guernseycounty.org/eservices/home.page.2 (available by name or case number
search; last visited February 24, 2026).
5 See https://www.supremecourt.ohio.gov/AttorneySearch/#/search (last visited February 24, 2026).
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This is improper. Defendant Berentz may proceed in this case on his own behalf or with
the assistance of counsel. 28 U.S.C. § 1654. If proceeding without counsel, Defendant
Berentz must personally sign every document he submits to the Court for filing. Fed. R.
Civ. P. 11.
For both of these reasons, the Motion seeking an extension of time is DENIED.
(Doc. Nos. 58, 58-1.) The Clerk of Court is DIRECTED to remove the institutional
address for Gary Dennis Berentz from the docket as Drake Berentz’s address, and to
restore his last known address in its place.
If Defendant Drake Berentz wishes to update his mailing address on the docket, he
must do so by filing a Notice of Address with the Clerk of Court.
IT IS SO ORDERED.
/s/ Caroline H. Gentry
Caroline H. Gentry
United States Magistrate Judge
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