Maschke v. Devine et al
| Jeremy Allen Maschke |
| Maricopa County Sheriff's Office, Unknown Devine and Unknown Parties |
| 2:2019cv04972 |
| August 15, 2019 |
| US District Court for the District of Arizona |
| John Z Boyle (PS) |
| John Z Boyle |
| Michael T Liburdi |
| Steven P Logan |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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| Filing 33 Filing fee: $ 350.00, receipt number PHX221152. (GMP) |
Filing 32
ORDER granting the Stipulation to Dismiss With Prejudice (Doc. #3 1), and dismissing the matter, with prejudice, each party to bear its own costs and attorneys' fees. IT IS FURTHER ORDERED directing the Clerk of Court to terminate this matter. Signed by Judge Michael T. Liburdi on 5/12/2020. (RMW)
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| Filing 31 STIPULATION of Dismissal WITH PREJUDICE by Unknown Devine. (Attachments: #1 Text of Proposed Order)(Lockerby, Jennifer) |
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Filing 30
ORDER: Plaintiff's discovery requests (docs. #19 , #22 , #23 , #24 , #26 , #28 ) are stricken from the record as improperly filed under Fed. R. Civ. P. 5 (d)(1)(A). Plaintiff is directed to serve all future discovery requests directly on the opposing party, in compliance with Local and Federal Rules. Signed by Magistrate Judge John Z Boyle on 4/24/20. (GMP)
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| Filing 29 NOTICE of Service of Discovery filed by Unknown Devine. (Lockerby, Jennifer) |
| Filing 28 *STRICKEN by doc #30 REQUEST for Production of Documents by Plaintiff Jeremy Allen Maschke. (2 pages) (GMP) *Modified on 4/27/2020 (CEI). |
| Filing 27 AMENDED NOTICE of Deposition of Jeremy Allen Maschke #119106, filed by Unknown Devine. (Lockerby, Jennifer) |
| Filing 26 *STRICKEN by doc #30 REQUEST for Replacement Document (Video Disc) by Plaintiff Jeremy Allen Maschke. (2 pages) (GMP) *Modified on 4/27/2020 (CEI). |
| Filing 25 NOTICE of Service of Discovery filed by Unknown Devine. (Lockerby, Jennifer) |
| Filing 24 *STRICKEN by doc #30 REQUEST for Missing Documents by Plaintiff Jeremy Allen Maschke. (2 pages) (GMP) *Modified on 4/27/2020 (CEI). |
| Filing 23 *STRICKEN by doc #30 REQUEST to View Video Disc by Plaintiff Jeremy Allen Maschke. (SLQ) (3 pages). *Modified on 4/27/2020 (CEI). |
| Filing 22 *STRICKEN by doc #30 REQUEST for Documents by Plaintiff Jeremy Allen Maschke. (SLQ) (2 pages). *Modified on 4/27/2020 (CEI). |
| Filing 21 RESPONSE re: #19 Request RESPONSE IN OPPOSITION TO PLAINTIFFS REQUEST FOR DEPOSITION AND PRODUCTION OF DOCUMENTS (DOC. 19) by Defendant Unknown Devine. (Lockerby, Jennifer) |
| Filing 20 NOTICE of Service of Discovery filed by Unknown Devine. (Lockerby, Jennifer) |
| Filing 19 *STRICKEN by doc #30 REQUEST for Deposition and Production of Documents by Plaintiff Jeremy Allen Maschke. (SLQ) (3 pages). *Modified on 4/27/2020 (CEI). |
| Filing 18 NOTICE of Deposition of Jeremy Allen Maschke, filed by Unknown Devine. (Lockerby, Jennifer) |
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Filing 17
ORDER: Plaintiff's "Request for Inspection of Video, Things, and Places" (doc. #14 ) is stricken from the record. Signed by Magistrate Judge John Z Boyle on 1/21/20. (EJA)
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Filing 16
SCHEDULING ORDER: Discovery due by 6/29/2020. Dispositive motions due by 8/26/2020.(See document for complete details). Signed by Magistrate Judge John Z Boyle on 1/3/20. (SLQ)
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| Filing 15 ANSWER to #1 Complaint with Jury Demand by Unknown Devine.(Lockerby, Jennifer) |
| Filing 14 *STRICKEN pursuant to (Doc. #17 ) MOTION for Inspection of Video, Things, and Places by Jeremy Allen Maschke. (7 pages) (GMP) Modified on 1/22/2020 (EJA). |
| Filing 13 SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 10/29/2019 to Unknown Devine. (SST) |
| Service Packet Forwarded to USMS. USM 285 Summons/notice/complaint/order, forwarded to USMS this date as to defendant Unknown Devine. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
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Filing 12
ORDER Directing Monthly Payments be made from Prison Account of Jeremy Allen Maschke. Signed by Judge Michael T Liburdi on 10/4/2019. (SST)
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Filing 11
ORDER (Service Packet): Plaintiff's second Application to Proceed In Forma Pauperis (Doc. #8 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing fee. The retaliation and discrimination claims in Count One, Count Two, and Count Three are dismissed without prejudice. Defendant Devine must answer the excessive force claim in Count One. Within 120 days from the filing date of this Order, Plaintiff must file a "Notice of Substitution," substituting Defendants Coworker SRT Officers 1 and 2's actual names. The Court may dismiss without prejudice Defendants Coworker SRT Officers 1 and 2 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 this Order, and a copy of the Marshal's Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendant Devine. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. 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 Judge Michael T Liburdi on 10/4/2019. (Attachments: #1 Service Letter, #2 Service Packet, #3 Rule 4, #4 General Order 14-17) (SST)
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| Filing 10 MINUTE ORDER: This case is reassigned to Judge Michael T. Liburdi. All future filings shall reflect the following case number: CV-19-4972-PHX-MTL (JZB). 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 9 Prisoner Trust Fund Account Statement by Jeremy Allen Maschke. (SST) (9 pages) |
| Filing 8 APPLICATION for Leave to Proceed In Forma Pauperis by Jeremy Allen Maschke. (SST) (2 pages) |
| Filing 7 NOTICE: This case is subject to electronic filing. Please review the attached documents. (SST) |
| Filing 6 NOTICE OF PARTY'S CHANGE OF ADDRESS by Jeremy Allen Maschke: #119106, ASPC Lewis, Stiner Unit, PO Box 3100, Buckeye, AZ 85326. (SST) (1 page) |
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Filing 5
ORDER: Plaintiff's Application to Proceed In Forma Pauperis (Doc. #2 ) is denied without prejudice. 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. The Clerk of Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). (See Order for further details.) Signed by Judge Steven P Logan on 8/19/2019. (SST)
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| Filing 4 NOTICE OF ASSIGNMENT (LAD) |
| Filing 3 Prisoner Trust Fund Account Statement by Jeremy Allen Maschke. (LAD) (4 pages) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Jeremy Allen Maschke. (LAD) (2 pages) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Jeremy Allen Maschke. (Attachments: #1 Envelope) (LAD) (6 pages) |
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