Montoya v. Schriro et al
| Henry Enrique Montoya, Jr |
| John Doe, Austin, Guitterrez, Dora Schriro, Ken Bowers, John Does, Stacey Crabtree, Sigone, Delles, Lunka, Lopez, Montgomery and Allen |
| 2:2008cv01999 |
| October 30, 2008 |
| US District Court for the District of Arizona |
| Prisoner: Civil Rights Office |
| Pinal |
| David G Campbell |
| Edward C Voss (PS) |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
45
ORDER that the reference to the Magistrate Judge is withdrawn as to Defendant Austin's Motion to Dismiss (Doc. 41). Defendant Austin's Motion to Dismiss 41 is granted; the Second Amended Complaint is dismissed without prejudice for failure to exhaust; in the alternative, it is dismissed without prejudice pursuant to Local Rule of Civil Procedure 7.2(i). The Clerk of Court must enter judgment accordingly. Signed by Judge David G Campbell on 10/18/10.(DMT)
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Filing
28
ORDER That Dft Schriro's Motion for Screening Order Doc. # 26 is granted; That Counts 1, 2, 3, 4, 5 and 6 of the Second Amended Complaint are dismissed for failure to state a claim; That Dfts Dora Schrio, Charles Ryan, Charles Goldsmith, Captai n Sigona, John Doe/Deputy Warden, Jane Doe/Medical Staff Nurse, John Doe/Correctional Officer and Jane Doe/Correctional Officer are dismissed from this action; That Dfts Montgomery, Allen, Austin and Cofield must answer Pla's claim in count 7 of the Second Amended Complaint. That the Clerk of Court shall send Pla a service packet including the Second Amended Complaint, this Order, and both summons and request for waiver forms for Dfts Montgomery, Allen, Austin and Cofield; That Pla shall co mplete and return the service packet to the Clerk of Court within 20 days of the date this order is filed. That this matter is again referred to Magistrate Judge Edward C. Voss pursuant to Local Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings. Service Packet due by 2/22/2010. Signed by Judge David G Campbell on 2/2/10. (KMG)
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Filing
23
ORDER granting Dfts' 16 Motion for Screening Order. The 12 First Amended Complaint is dismissed for failure to state a claim. Pla has 30 days from the date of this Order to file a second amended complaint in compliance with this Order. If Pl a fails to comply, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal counts as a "strike" under 28 U.S.C. § 1915(g). Signed by Judge David G Campbell on 07/27/09. (ESL)
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