Pryor v. Penzone et al
| Brian William Pryor |
| Paul Penzone, Jeffrey J Alvarez, Paul Hilmo, Unknown Von Reeden, Joseph M Arpaio, Bill Gates, Clint Hickman, Denny Barney, Steve Chuckri, Steve Gallardo, Unknown Parties and J Taylor |
| 2:2017cv01276 |
| April 28, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| David K Duncan (PS) |
| James A Teilborg |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
36
ORDER (Service Packet): Plaintiff's August 18, 2017 Motion to Correspond 19 is denied. Plaintiff's September 8, 2017 Motion for Extension of Time 21 is denied, as moot. Plaintiff's September 12, 2017 Motion to Address MCSO Seizure 22 is denied. Plaintiff's Motion to Amend Complaint 17 is granted. Defendant Hilmo must answer Count One; Defendants Arpaio and Penzone must answer Count Two; and Defendants Willette, Wilkins, Taylor and Von Reeden must answer Count 3, as de scribed in the above discussion of Plaintiff's claims. Count Four and the remaining claims in Counts One, Two, and Three are dismissed without prejudice. Defendants Alvarez, Glagovich, and Noble are dismissed without prejudice. The Clerk of Cour t must sent Plaintiff a service packet including the Second Amended Complaint 18 , this Order, and both summons and request for waiver forms for Defendants Hilmo, Arpaio, Penzone, Willette, Taylor, Von Reeden, and Wilkins. Plaintiff must complete an d return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. If Plaintiff does not either obtain a wa iver of service of the summons or complete service of the Summons and Second Amended Complaint on a Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. This matter is referred to Magistrate Judge David K. Duncan pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. § 636(b)(1). Signed by Senior Judge James A Teilborg on 12/07/2017. (REK)
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