Higdon v. Ryan et al
| David A Higdon |
| Charles L Ryan, Unknown Summers, Unknown Trujillo, T Stapleton, Unknown Dorsey and Karyn E Klausner |
| 2:2013cv00475 |
| March 7, 2013 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| James F Metcalf (PS) |
| David G Campbell |
| Prisoner: Prison Condition |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
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Filing
9
ORDER (Service Packet), Plaintiff's Motion for an Extension of Time to file his First Amended Complaint 8 is denied as moot; Counts I (in part), II, and III (in part) are dismissed without prejudice; Defendants Ryan, Klausner, Richardson, Truj illo, and Williams are dismissed without prejudice; Defendants Stapleton and Dorsey must answer Counts I (in part) and III (in part); the Clerk must send Plaintiff a service packet including the First Amended Complaint 7 , this Order, and both summo ns and request for waiver forms for Defendants Stapleton and Dorsey; Plaintiff must complete and return the service packet to the Clerk within 21 days; this matter is referred to Magistrate Judge James F Metcalf for all pretrial proceedings. Signed by Judge David G Campbell on 5/7/14. (REW)
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Filing
3
ORDER that the Complaint (Doc. 1-2, Ex. C, Attach. 1) is dismissed for failure to state a claim. The Clerk must make an entry on the docket stating that the dismissal for failure to state a claim may count as a "strike" under 28 U.S.C. & #167; 1915(g). The docket shall reflect that the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of this decision would not be taken in good faith. Signed by Judge David G Campbell on 6/26/13. (LSP)
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