Mayhan v. Balzer et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
BRANDON L. MAYHAN,
Plaintiff,
vs.
JEFFREY BALZER, et al.
Defendants.
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Case No. 2:25-cv-522
District Judge Douglas R. Cole
Magistrate Judge Peter B. Silvain, Jr.
ORDER
This case is before the Court upon Plaintiff’s Motion for Extension of Time. (Doc. #11).
Plaintiff requests additional time to file completed summons and U.S. Marshal forms. Id.
On August 15, 2025, the undersigned ordered Plaintiff to submit to the Court completed
summons and U.S. Marshal forms for all Defendants within thirty (30) days of the date of the
Order. 	(Doc. #9). 	Plaintiff did not comply with the Court’s Order. 	On October 2, 2025, the
undersigned ordered Plaintiff to show cause by November 3, 2025, why the Court should not
dismiss his claims for failure to prosecute. (Doc. #10). In the alternative, Plaintiff could submit
to the Court the completed summons and U.S. Marshal forms for all Defendants by November 3,
2025. Id.
In his Motion, Plaintiff requests additional time to file completed summons and U.S.
Marshal forms. 	Id. 	Plaintiff explains that he is currently incarcerated and his mother, who is
terminally ill, is assisting him with this case. Id. He needs additional time to submit the completed
summons and U.S. Marshal forms because he and his mother must mail paperwork back and forth,
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and his mother is currently in the hospital. 	Id. 	Plaintiff does not specify how much additional
time is needed to comply with the Court’s Order.
For good cause shown, Plaintiff’s Motion for Extension of Time (Doc. #11) is hereby
GRANTED. 	Plaintiff is ORDERED to submit to the Court completed summons and U.S.
Marshal forms for all Defendants by December 4, 2025. For his convenience, the Clerk of Court
is DIRECTED to send Plaintiff blank summons and U.S. Marshal forms for all Defendants along
with this Order. 	Upon receipt of the completed summons and U.S. Marshal forms, the Court
ORDERS service of process by the United States Marshal in this case as directed by Plaintiff.
Plaintiff is ADVISED that his failure to properly comply with this Order will result in a
Report and Recommendation to the District Judge that Plaintiff’s claims against all Defendants be
dismissed for lack of prosecution. Link v. Wabash R.R., 370 U.S. 626, 630-31 (1962); see also
Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991).
IT IS SO ORDERED.
November 4, 2025 	s/Peter B. Silvain, Jr.
Peter B. Silvain, Jr.
United States Magistrate Judge
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