Bastian v. Ryan et al
| Thomas O Bastian, III |
| Unknown De La Cruz, Unknown Parties, Unknown Days, Unknown Arnold and Charles L Ryan |
| 2:2019cv04862 |
| July 30, 2019 |
| US District Court for the District of Arizona |
| John Z Boyle (PS) |
| John Z Boyle |
| G Murray Snow |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.
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Filing 8
ORDER (Service Packet): Plaintiff's Motion for Preliminary Injunction (Doc. #4 ) is denied as moot. Defendant Ryan and Plaintiff's official capacity claims are dismissed without prejudice. Defendant Arnold must answer Counts One and Two of the Complaint and Defendants Days, Arnold, and De la Cruz must answer Court Three. Defendants must answer the claims in their individual capacities. Within 120 days from the filing date of this Order, Plaintiff must file a "Notice of Substitution," substituting the actual name of one or more of the Doe Defendants. The Court may dismiss without prejudice the Doe Defendants if Plaintiff fails to timely file a notice of substitution, unless Plaintiff seeks and is granted an extension of time. The Clerk of Court must send Plaintiff a service packet including the Complaint (Doc. #1 ), this Order, and both summons and request for waiver forms for Defendants Days, De la Cruz, and Arnold. Plaintiff must complete and 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 waiver of service of the summons or complete service of the Summons and 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 John Z. Boyle 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). (See Order for further details.) Signed by Chief Judge G Murray Snow on 9/20/2019. (SST)
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| Filing 7 Filing fee: $ 400, receipt number PHX211670. (SST) |
| Filing 6 NOTICE OF PARTY'S CHANGE OF ADDRESS by Thomas O Bastian, III: #86993, CNMCF, PO Box 1328, Los Lunas, NM 87031. (SST) (2 pages) |
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Filing 5
ORDER - Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee and $50.00 administrative fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement. If Plaintiff fails to either pay the $350.00 filing fee and $50.00 administrative fee or file a complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff and deny any pending unrelated motions as moot. (See document for further details). Signed by Chief Judge G Murray Snow on 8/13/19. (LAD)
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| Filing 4 MOTION for Preliminary Injunction by Thomas O Bastian, III. (SST) (44 pages) |
| Filing 3 NOTICE: This case is subject to electronic filing. Please review the attached documents. (SST) |
| Filing 2 NOTICE OF ASSIGNMENT (SST) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Thomas O Bastian, III. (SST) (21 pages) |
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