Austin v. Arizona, State of, et al
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|Date Filed||#||Document Text|
|September 22, 2008
ORDER - IT IS ORDERED that Dfts' 5 Motion to Dismiss, is GRANTED solely as to (1) Pla's § 1983 claims alleged in Counts Three and Four against the Dft State of Arizona and Dfts Michael Branham and Kellie Warren in their official capa cities as State employees, and (2) Dft Arizona Dept of Juvenile Corrections without leave to amend. FURTHER ORDERED that Dfts' 5 Motion to Dismiss, is GRANTED as to Pla's remaining claims with leave to file an Amended Complaint by 10/6/08 . Failure to file an Amended Complaint by this deadline shall result in the denial of leave to amend ab initio by operation of law and the Clerk is hereby directed to enter Jgm in favor of Dfts and terminate this case. FURTHER ORDERED that Pla' s alleged service of process on Dft Kellie Warren is hereby QUASHED. Absent good cause shown and if an Amended Complaint is timely filed, Pla shall properly serve Dft Kellie Warren with the Amended Complaint on or before 10/31/08 or this lawsuit may be dismissed against her pursuant to Rule 4(m), FED.R.CIV.P.. Signed by Magistrate Judge Lawrence O Anderson on 9/22/08. (SAT)
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