Higdon v. Ryan et al

Plaintiff: David A Higdon
Defendant: Charles L Ryan, Unknown Summers, Unknown Trujillo, T Stapleton, Unknown Dorsey and Karyn E Klausner
Case Number: 2:2013cv00475
Filed: March 7, 2013
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Referring Judge: James F Metcalf (PS)
Presiding Judge: David G Campbell
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 28:1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 26, 2013 3 Opinion or Order of the Court 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)
December 30, 2013 6 Opinion or Order of the Court ORDER: Plaintiff's motion for reconsideration (Doc. 5 ) is granted and judgment entered on June 26, 2013 (Doc. 4 ) is vacated. The Complaint is dismissed for failure to state a claim (Doc. 1 ). Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff 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 that states that the dismissal may count as a strike under 28 U.S.C. § 1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge David G Campbell on 12/30/2013. (Attachments: # 1 Prisoner Civil Rights Complaint)(ALS)
May 8, 2014 9 Opinion or Order of the Court 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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Plaintiff: David A Higdon
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Defendant: Charles L Ryan
Represented By: Michael Evan Gottfried(Designation Retained)
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Defendant: Unknown Summers
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Defendant: Unknown Trujillo
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Defendant: T Stapleton
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Defendant: Unknown Dorsey
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Defendant: Karyn E Klausner
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