Manning v. Schriro et al
|December 17, 2007
|US District Court for the District of Arizona
|Phoenix Division Office
|Lawrence O Anderson (PS)
|Stephen M McNamee
|Nature of Suit:
|Prisoner - Prison Condition
|Cause of Action:
|42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|September 9, 2008
ORDER denying 9 Plaintiff's Motion for Preliminary Injunction and granting 11 Plaintiff's Motion for Extension of Time to File an Amended Complaint. Counts I and III of the Amended Complaint 12 are dismissed without prejudice for fail ure to state a claim upon which relief may be granted. Defendants Dora Schriro, D. Edwards, Jackson, Stuart, OBrian, Carbajal, Banes, Vargas, Kuntzi, Anita Nugent, and S. Latto are dismissed from this action. Defendant P. Smith must answer Count II o f the Amended Complaint. The Clerk must send Plaintiff a service packet including the Amended Complaint 12 , this Order, and both summons and request for waiver forms for Defendant P. Smith. Plaintiff must complete and return the service packet to t he Clerk of Court within 20 days of the date of filing of this Order. This matter is referred to Magistrate Judge Lawrence A. Anderson pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings. Signed by Judge Stephen M McNamee on 9/9/08.(LSP)
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