Martin v. Arpaio et al
| Lewis A Martin |
| William Peterson, A Harmon and Joseph M Arpaio |
| 2:2013cv02639 |
| December 27, 2013 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Steven P Logan (PS) |
| David G Campbell |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
16
ORDER - (1) Count II of the Second Amended Complaint is dismissed without prejudice. (2) Defendants Alvarez, Arpaio, Maricopa County Sheriff's Office, Correctional Health Services, Correctional Health Services "Medical Staff 1, 2, 3... etc. .." and all but John Does 7 and 8 of "John/Jane Doe 1, 2, 3..." are dismissed without prejudice. (3) Plaintiff is granted 90 days from the filing date of this Order in which to discover by subpoena, or otherwise, the identities of D efendants John Doe 7 and JohnDoe 8 and to file a "notice of substitution" providing the Defendants' names in place of John Doe 7 and John Doe 8. (4) The Clerk of Court must issue two subpoenas in blank and send them to Plaintiff. (5) The Clerk of Court must enter a judgment of dismissal for failure to prosecute without prejudice and without further notice to Plaintiff, if Plaintiff fails to file a "notice of substitution" of parties within 90 days from the filing date of this Order. (6) Plaintiff's Motion for Status (Doc. 15 ) is granted to the extent set forth herein. (See document for further details). Signed by Judge David G Campbell on 11/25/14. (LAD)
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Filing
9
ORDER - The First Amended Complaint (Doc. 7 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. If Plaintiff fails to file a second 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). Plaintiffs "Motion for Preliminary Injunction Prohibiting Continuance of Acts of Unconstitutional Jail Policy" (Doc. 8 ) is denied without prejudice. (See document for full details). Signed by Judge David G Campbell on 5/8/14. (LAD)
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Filing
5
ORDER granting Plaintiff's 2 APPLICATION for Leave to Proceed In Forma Pauperis. The Complaint (Doc. 1 ) is dismissed for failure to state a claim. Plaintiffhas 30 days from the date this Order is filed to file a first amended complain t 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). (See document for further details). Signed by Judge David G Campbell on 2/18/14. (LAD)
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