Olmos et al v. Ryan et al
| Timothy P Olmos |
| Unknown Parties, Charles L Ryan, GEO Group Incorporated, Compass Group Incorporated, Keefe Commissary Network, Janice K Brewer, Ferris D Ahee, Nunzio Valore, Eric Hall and Terry L Goddard |
| 2:2010cv02564 |
| November 28, 2010 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Mark E Aspey (PS) |
| G Murray Snow |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
227
ORDER: The reference to the Magistrate is withdrawn as to Defendant's Second Motion for Summary Judgment 214 and Plaintiff's Cross-Motion for Summary Judgment 219 . Defendant's Second Motion for Summary Judgment 214 is granted, and Plaintiff's Cross-Motion for Summary Judgment 219 is denied. Plaintiff's claim for improper charges for treatment and medication for allergies (Count VII) is dismissed without prejudice, and his claim for undercompensation as a kitchen worker (Count IX) is dismissed with prejudice. The action is terminated, and the Clerk of Court must enter judgment accordingly. Signed by Judge G Murray Snow on 2/25/2014. (See attached PDF for complete information)(ALS)
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Filing
208
ORDER the reference to the Magistrate Judge is withdrawn as to Plaintiff's motions re 116 , 163 , and 206 . Plaintiff's Motion for Summary Judgment 116 is denied and Plaintiff's Motion to Strike Arguments 206 is denied. Defendan ts' Motion for Summary Judgment 163 is granted in part and denied in part as follows: (a) granted as to the claims in Count III; the claims in Count VII, except for the claim regarding charges related to care and medication for allergies; the claim in Count IX regarding payment for work as an education aide; and the claim in Count XV; and (b) denied as to the remaining claims. Within 45 days of the date of entry of this Order, Defendants may file a new motion for summary judgment. Signed by Judge G Murray Snow on 8/29/13.(TLJ)
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Filing
152
ORDER the reference to the Magistrate Judge is withdrawn as to Defendants' Motion to Dismiss 132 ; granting in part and denying in part 132 Defendants' Motion to Dismiss. Count VII-claims for assessments for renewal of diabetic diet and missed special meals are dismissed without prejudice and claims for assessment for replacement ID cards and positive urinalysis are dismisssed wthout prejudice; Count VIII is dismissed without prejudice; Count X is dismissed without prejudice; Count XI is dismissed without prejudice except for the claim for tax forms, which is dismissed for failure to state a claim and denied in all other respects (please see attached order for complete information). Signed by Judge G Murray Snow on 1/31/13.(TLJ)
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Filing
141
*ORDER that the reference to the Magistrate Judge is withdrawn as to Plaintiff's Motion (Doc. 118). Denying 118 Plaintiff's Motion for an Order to Photograph Prison Conditions. Signed by Judge G Murray Snow on 11/13/12.(DMT) *Modified to add text on 11/13/2012 (DMT).
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Filing
95
ORDER ADOPTING REPORT AND RECOMMENDATION 70 . Plaintiff's 53 Motion for Class Action Certification and Appointment of Counsel is DENIED. Plaintiff's 74 Motion for District Court Judge to Vacate Orders of Magistrate Judge and Rule on Underlying Motions is DENIED. Plaintiff's 88 Motion for District Court Judge to Vacate Order of Magistrate is DENIED. Plaintiff's 92 Motion for Cease and Desist Order upon Magistrate is DENIED. Signed by Judge G Murray Snow on 5/4/12. (DMT)
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Filing
79
ORDER denying 45 Motion to Supplement, to Include Documents 2, 3 and8 as Part of the Court Record. Signed by Judge G Murray Snow on 2/6/12.(DMT)
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Filing
72
ORDER denying 41 Ex Parte Motion for TRO; denying 46 Motion for Preliminary Injunction. (See document for further details). Signed by Judge G Murray Snow on 1/23/12.(LAD)
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Filing
27
ORDER that Plaintiff's Motion For Enlargement Of Time To File First Amended Complaint 19 is granted and Plaintiff's First Amended Complaint (Doc. 21), which was filed on March 14, 2011, is accepted as being timely filed. Plaintiff's Motion For Leave To Suspend Enforcement Of Local Rules Upon Pro Se Litigant 23 is granted to the extent that the Court accepts Plaintiff's First Amended Complaint (Doc. 21) in the form in which it was filed. Plaintiff's Motion For Order To Return Of Documents Not Filed By Clerk 20 is granted and the Clerk of Court must return Plaintiff's unfiled "556-page 'Complaint Addendum'" (Docs. 2 [part] and 3) and "Memorandum Establishing Conformance With 42 U.S .C. § 1997(e)" (Doc. 8) to Plaintiff. Plaintiff's Motion For Assistance In Locating Select Defendants For Service Of Pleadings 25 is denied without prejudice. Defendants GEO Group, Inc.; Compass Group North America Division, d.b.a. Canteen Correctional Services; Keefe Group, d.b.a. Keefe Commissary Network; Janice K. Brewer; Ferris D. Ahee; Daniel Cardoza; "Unknown ADC Security Officer(s)" at the Mail Room of the Arizona State Prison Complex-Lewis and/or the Morey Un it of ASPC- Lewis; Eric Hall; Thomas C. Horne; and Timothy Brockman are dismissed from this action. The following claims in the First Amended Complaint (Doc. 21) are dismissed for failure to state a claim upon which relief may be granted (see order for full details). The following Defendants must answer the following claims in the First Amended Complaint (Doc. 21) (see order for details as to claims): (a) Defendant Charles L. Ryan and (b) Defendant Allen Ortega. The Clerk of Court must send Pla intiff a service packet including the First Amended Complaint (Doc. 21), this Order, and both summons and request for waiver forms for Defendants Charles L. Ryan and Allen Ortega. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. This matter is referred to Magistrate Judge Mark E. Aspey for all pretrial proceedings as authorized under 28 U.S.C. § 636(b)(1). Signed by Judge G Murray Snow on 5/10/11.(DMT)
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Filing
11
ORDER - "Plas' Motion For Leave To File Lengthy Complaint And Related Pleadings" (Doc. 1) is granted in part to the extent that the Court will direct the Clerk of Court to file Pla's lodged "Civil Rights Complaint By A Prison er" (Doc. 2), "Notice Of Appearance As Lead Pla" (Doc. 4 ), "Application to Proceed In Forma Pauperis By A Prisoner Civil (Non-Habeas)" (Doc. 5), certified "Inmate Bank Account" statement (Doc. 6); "Affidavit I n Support Of Complaint" (Doc. 7); and "Ex Parte Motion To Modify Requirements For Service Of Process" (Doc. 10). "Plas' Motion For Leave To File Lengthy Complaint And Related Pleadings" (Doc. 1) is denied in part to the extent that the Court will direct the Clerk of Court not to file Plas' lodged 556-page "Complaint Addendum" (Docs. 2 [part] and 3) and "Memorandum Establishing Conformance With 42 U.S.C. § 1997e(a)" (Doc. 8). The Clerk of Court must file Plas' lodged "Civil Rights Complaint By A Prisoner" (Doc. 2), without the 556 page "Complaint Addendum (Docs. 2 [part] and 3); Notice Of Appearance As Lead Pla" (Doc. 4); "Application to Proceed In For ma Pauperis By A Prisoner Civil (Non-Habeas)" (Doc. 5); certified "Inmate Bank Account" statement (Doc. 6); "Affidavit In Support Of Complaint" (Doc. 7); and "Ex Parte Motion To Modify Requirements For Service Of Process " (Doc. 10). The Clerk of Court must not file Plas' lodged 556-page "Complaint Addendum (Docs. 2 [part] and 3) and "Memorandum Establishing Conformance With 42 U.S.C. § 1997e(a)" (Doc. 8). Plas David Stokes, II; James Wa lker; Jose Ulloa; Roger Clark; William McEnany; and "all others similarly situated" are dismissed from this action. This action may not proceed as a class action. The "Civil Rights Complaint By A Prisoner" is dismissed for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. Pla Timothy P. Olmos has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Pla Olmos fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice. The "Notice Of Appearance As Lead Pla" is denied as moot. The "Application to Proceed In Forma Pauperis By A Prison er Civil (Non-Habeas)" is granted. As required by the accompanying Order to the appropriate government agency, Pla Olmos must pay the $350.00 filing fee and is assessed an initial partial filing fee of $9.60. The "Ex Parte Motion To Modify Requirements For Service Of Process" is denied as moot. The Clerk of Court must mail to Pla Olmos a court-approved form for filing a civil rights complaint by a prisoner Signed by Judge G Murray Snow on 2/9/11.(KMG)
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