Aguilar v. Lewis et al
| Alex Aguilar |
| Lewis, Derosa, Mazzola and Matthew Cate |
| 2:2009cv01198 |
| June 3, 2009 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Jay R Irwin (PS) |
| Neil V Wake |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
21
ORDER that the 19 Report and Recommendation of the Magistrate Judge is accepted. Count Two of the 18 Second Amended Complaint is dismissed without prejudice, for failure to state a claim. Dfts DeRosa and Cate are dismissed without prejudice. An A nswer to Count One of the Second Amended Complaint be required from Dfts Lewis and Mazzola. That service on Dfts Lewis and Mazzola be ordered, and they be required to respond to the Second Amended Complaint. The Clerk of the Court shall send Plainti ff a service packet including both summons and request for waiver forms for said Dfts. Pla shall complete and return the service packet to the Clerk of the Court within 20 days of the date of the filing of this Order. Signed by Judge Neil V Wake on 10/28/09. (ESL)
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Filing
17
ORDER that the 13 Report and Recommendation of the Magistrate Judge is accepted. It is further ordered that the 12 First Amended Complaint is dismissed for failure to state a claim upon which relief can be granted. It is further ordered granting the 14 Motion to Amend Complaint. The Clerk is directed to file the 15 Second Amended Complaint, subject to further screening by the Court. Signed by Judge Neil V Wake on 09/28/09. (ESL)
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Filing
13
REPORT AND RECOMMENDATION re 12 First Amended Complaint : Recommending that the First Amended Complaint be dismissed, without prejudice. Further recommended that Pla be given 20 days to file a motion to amend and lodge a proposed second amended complaint, and that if Pla fails to do so, that the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Pla. Signed by Magistrate Judge Jay R Irwin on 09/09/09. (ESL)
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