Sears v. Todd et al
| Alvalee Sears, III |
| Todd, Hernandez, Rodarte, Benavidez, Bennie Rollins, Hamilton, Carlson, Marrow, James, Sanchez, Carrillo, Schwartz, Springstein, Chavez, John Doe #1 and John Doe #2 |
| 2:2009cv00577 |
| March 23, 2009 |
| US District Court for the District of Arizona |
| Prisoner - Prison Condition Office |
| Pima |
| Mark E Aspey (PS) |
| Mary H Murguia |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
18
ORDER the reference to the Magistrate Judge is withdrawn as to Defendants' Motion to Dismiss 15 . Defendants' Motion to Dismiss 15 is granted; Plaintiff's action is dismissed without prejudice for failure to exhaust or, alternately for failure to respond. The Clerk of Court must enter judgment of dismissal accordingly. Signed by Judge Mary H Murguia on 2/21/10.(TLJ)
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Filing
4
ORDER (Service Packet) - IT IS ORDERED: Pla's 3 Application to Proceed In Forma Pauperis, filed with the Complaint, is granted. Pla must pay the $350.00 filing fee and is assessed an initial partial filing fee of $11.94. Dfts Todd, S anchez, Hernandez, Rodarte, Benavidez, Rollins, Hamilton, Carlson, James, Carrillo, and Does I and II are dismissed without prejudice. Dfts Marrow, Schwartz, Springstein, and Chavez must answer Count I. The Clerk of Court must send Pla a service pack et including the 1 Complaint, this Order, and both summons and request for waiver forms for Dfts Marrow, Schwartz, Springstein, and Chavez. Pla must complete and return the service packet to the Clerk of Court within 20 days of the date of filing o f this Order. Service Packet due by 5/26/2009. Dft must answer the Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the FRCvP. This matter is referred to Magistrate Judge Mark E. Aspey for all pretrial proceedings. Signed by Judge Mary H Murguia on 5/4/09. (SAT)
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