Hernandez v. Ryan et al
| Fredy J Hernandez |
| Unknown Luna, Unknown Moore, Unknown De Los Santos, Unknown Hadgens, Unknown Altamirano, Unknown Jones, Nancy Smith, Unknown Marsall, Unknown Pina, Unknown Meadows, Unknown Gonzalez, Unknown Wide, Ende Lawrence, Charles L Ryan and Unknown Party |
| 2:2019cv04885 |
| August 2, 2019 |
| US District Court for the District of Arizona |
| Eileen S Willett (PS) |
| John J Tuchi |
| Eileen S Willett |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 18
ORDER (Service Packet) - Plaintiff's Application for Leave to Proceed In Forma Pauperis (Doc. #2 ) is denied. Plaintiff's motion for appointment of counsel (Doc. #5 ) is denied. Plaintiff's proposed show cause form of order (Doc. #11 ) is denied without prejudice to Plaintiff filing a motion for injunctive relief. Counts Two (in part), Three, Four (in part), Five, and Seven are dismissed without prejudice. Defendants Luna, Gonzalez, Smith, Ende, SSU Officer Doe, Medical Director Doe, and the two Doe Medical Providers are dismissed without prejudice. Within 120 days from the filing date of this Order, Plaintiff must file a "Notice of Substitution," substituting the actual names for Defendant Warden Doe and Defendant Assistant Warden Doe. The Court may dismiss without prejudice Defendant Doe if Plaintiff fails to timely file a notice of substitution, unless Plaintiff seeks and is granted an extension of time. Defendants Ryan, Moore, Wide, Jones, Hadgens, Altamirano, Pina, and De Los Santos must answer Counts One, Two (in part), Four (in part), and Six. 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 Ryan, Moore, Wide, Jones, Hadgens, Altamirano, Pina, and De Los Santos. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of 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. Any answer or response must state the specific Defendant by name on whose behalf it is filed. This matter is referred to Magistrate Judge Eileen S. Willett 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 document for further details). Signed by Judge John J Tuchi on 9/30/19. (LAD)
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| Filing 17 PETITION/INFORMATION to Serve the Summons by Plaintiff Fredy J Hernandez. (LAD) (1 page) |
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Filing 16
ORDER - Pursuant to 28 U.S.C. 455(a), I hereby recuse myself from the above-captioned matter. Therefore, IT IS ORDERED directing the Clerk of Court to reassign this case back to the Honorable John J. Tuchi, United States District Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-04885-PHX-JJT (ESW). Signed by Judge Michael T Liburdi on 9/24/19. (LAD)
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| Filing 15 AFFIDAVIT to Show Cause by Plaintiff Fredy J Hernandez. (LAD) (30 pages) |
| Filing 14 Filing fee: $ 400.00, receipt number PHX212264. (LAD) |
| Filing 13 MINUTE ORDER: This case is reassigned to Judge Michael T. Liburdi. All future filings shall reflect the following case number: CV-19-4885-PHX-MTL (ESW). All pending hearings and/or deadlines are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 12 UNSWORN DECLARATION re: #11 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, MOTION for Hearing on Motion by Plaintiff Fredy J Hernandez. (LAD) (1 page) |
| Filing 11 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, MOTION for Hearing on (This) Motion by Fredy J Hernandez. (LAD) (4 pages, entitled Order to Show Cause for Preliminary Injunction and Temporary Restraining Order) |
| Filing 10 NOTICE: Prisoner Authorization by Fredy J Hernandez. (LAD) (2 pages) |
| Filing 9 DECLARATION in Support of #5 MOTION/APPLICATION for Appointment of Counsel by Plaintiff Fredy J Hernandez. (LAD) (4 pages) (Additional attachment(s) added on 9/26/2019: #1 Page 5) (MSA). |
| Filing 8 NOTICE OF ASSIGNMENT (ARC) |
| Filing 7 MINUTE ORDER: Due to Clerical Error, this case was originally opened in the Tucson Division as CV-19-389-TUC-DCB(PSOT). All future pleadings should reflect the following case number CV-19-4885-PHX-JJT(ESW). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC) |
| Filing 6 *AMENDED by Doc. #8 NOTICE OF ASSIGNMENT (ARC) Modified on 8/5/2019 (ARC). |
| Filing 5 MOTION to Appoint Counsel by Fredy J Hernandez. (2 pages) (ARC) |
| Filing 4 SUMMONS Submitted by Fredy J Hernandez. (1 page) (ARC) |
| Filing 3 Prisoner Trust Fund Account Statement by Fredy J Hernandez. (9 pages) (ARC) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Fredy J Hernandez. (2 pages) (ARC) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Fredy J Hernandez. (21 pages) (Attachments: #1 Envelope)(ARC) |
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