Atwood #062887 v. Days et al
| Frank Jarvis Atwood |
| Unknown Arnold, Pamela Olmstead, Centurion, Panann Days, David Shinn and Charles L Ryan |
| 2:2020cv00623 |
| March 25, 2020 |
| US District Court for the District of Arizona |
| John Z Boyle (PS) |
| John Z Boyle |
| James A Teilborg |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Service Packet Forwarded to USMS. USM 285 Summons/notice/complaint/order, forwarded to USMS this date as to Defendants Shinn, Days, and Arnold. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) |
| Filing 12 NOTICE of Compliance with the Court's Order to Complete and Return the Service Packet by Frank Jarvis Atwood. (SST) (1 page) |
| Filing 11 MOTION for Reconsideration re: #10 Order (Service Packet) by Frank Jarvis Atwood. (SST) (8 pages, titled "Motion to Reconsider Finding of Preliminary Injunction for Parallel Bars Access as Moot & Denied") |
Filing 10
ORDER (Service Packet) - Defendant Centurion; Defendant Ryan, in his individual and official capacities; Defendant Olmstead, in her individual and official capacities; and Defendant Shinn, in his individual capacity only, are dismissed without prejudice. Defendant Shinn in his official capacity, and Defendants Days and Arnold, in their individual capacities, must answer Counts I and II as set forth herein. 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 Shinn, Days, 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. 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. The United States Marshal must retain the Summons, a copy of the Complaint, a copy of the motion for injunctive relief and brief (Docs. #3 & #4 ), and a copy of this Order for future use. Plaintiff's motion for a TRO or a preliminary injunction (Doc. #3 ) is denied to the extent that he seeks a TRO. Defendants Days and Shinn must respond to Plaintiffs motion for a preliminary injunction (Doc. #3 ), as to Items (1) and (3) described above, no later than 30 days following the return of a waiver of service or service of the Complaint and summons on them. Plaintiff must file any reply no later than 15 days after the filing of Defendants' response to the motion. 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 document for further details). Signed by Senior Judge James A Teilborg on 4/28/2020. (Attachments: #1 Copy of Complaint #1 , #2 Service Packet Letter, #3 Blank Service Forms and Samples, #4 Blank Service Forms, #5 Blank Service Forms, #6 Copy of Rule 4)(LAD)
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| Filing 9 Filing fee: $ 400.00, receipt number PHX218281. (GMP) At the request of the librarian, NEF regenerated to Plaintiff only on 4/16/2020 (NKS). |
| Filing 8 SUPPLEMENT re: #4 Brief by Plaintiff Frank Jarvis Atwood. (2 pages) (EJA) |
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Filing 7
ORDER - (1) 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. (2) 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. (3) The Clerk of Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). (4) Plaintiff's request for an order to pay fees (Doc. #2 ) is denied. See document for further details). Signed by Senior Judge James A Teilborg on 3/30/2020. (LAD)
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| Filing 6 NOTICE: This case is subject to electronic filing. Please review the attached documents. (REK) |
| Filing 5 NOTICE OF ASSIGNMENT (REK) |
| Filing 4 BRIEF re: #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff Frank Jarvis Atwood. (118 pages) (REK) |
| Filing 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Frank Jarvis Atwood. (4 pages) (REK) |
| Filing 2 MOTION/Request for an Order to Pay Fees by Frank Jarvis Atwood. (1 page) (REK) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT (TRO Requested) filed by Frank Jarvis Atwood. (13 pages) (REK) |
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