Bishop v. Ohio Department of Corrections et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JAMES K. BISHOP,
Plaintiff,
v.
OHIO DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
Civil Action 2:26-cv-37
Judge Michael H. Watson
Magistrate Judge Chelsey M. Vascura
ORDER
Plaintiff, James K. Bishop, an Ohio inmate who is proceeding without the assistance of
counsel, sues the Ohio Department of Rehabilitation and Corrections (“ODRC”) and several of
its employees under 42 U.S.C. § 1983 for violation of his Eighth and Fourteenth Amendment
rights. After screening Plaintiff’s original Complaint under 28 U.S.C. §§ 1915(e)(2) and
1915A(b), the undersigned issued an Order and Report and Recommendation on February 4,
2026, that granted Plaintiff’s motion for leave to proceed in forma pauperis, but recommended
that the Court dismiss Plaintiff’s Complaint for failure to state a claim on which relief can be
granted. (ECF No. 3.) This matter is before the Court on several motions by Plaintiff.
First, Plaintiff filed an Amended Complaint (ECF No. 5) and a Motion for Leave to File
Amended Complaint (ECF No. 6). As Plaintiff is permitted to amend his Complaint once as a
matter of course under Federal Rule of Civil Procedure 15(a), Plaintiff’s Amended Complaint
became operative upon filing and supersedes his original Complaint. Accordingly, Plaintiff’s
Motion for Leave to File Amended Complaint (ECF No. 6) is GRANTED and the portion of the
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undersigned’s February 4, 2026 Order and Report and Recommendation (ECF No. 3) that
recommended dismissal of Plaintiff’s original Complaint is VACATED. For clarity, the portion
of that Order and Report and Recommendation that granted Plaintiff’s motion for leave to
proceed in forma pauperis remains in effect.
As a result of Plaintiff’s Amended Complaint and the vacating of the February 4, 2026
Report and Recommendation, Plaintiff’s subsequent motion for an extension of time to file
objections to the February 4, 2026 Report and Recommendation (or, in the alternative, for leave
to file an Amended Complaint) (ECF No. 7) is DENIED AS MOOT.
Finally, Plaintiff also filed a motion for the appointment of counsel. (ECF No. 5).
Although Plaintiff is proceeding in forma pauperis, appointment of counsel is discretionary
under 28 U.S.C. § 1915(e); appointment of counsel in a civil case is not a constitutional right.
See Lavado v. Keohane, 992 F.2d 601, 605–06 (6th Cir. 1993). Rather, “[i]t is a privilege that is
justified only by exceptional circumstances.” Id. at 606. The Court has evaluated whether such
exceptional circumstances exist and determines that the appointment of counsel is unwarranted at
this juncture. Accordingly, Plaintiff’s Motion for Appointment of Counsel (ECF No. 5) is
DENIED.
The undersigned will screen Plaintiff’s Amended Complaint (ECF No. 4) under 28
U.S.C. §§ 1915 and 1915A in due course by separate order.
IT IS SO ORDERED.
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
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