Goff v. Arizona, State of et al
| Shawn Charles Goff |
| Arizona, State of, Unknown Hudson, Unknown Parties, Gerald W Thompson, Unknown Viana, Unknown Coleman, Unknown Bong, Charles L Ryan and Unknown Saenz |
| 2:2020cv02030 |
| October 21, 2020 |
| US District Court for the District of Arizona |
| James F Metcalf (PS) |
| James F Metcalf |
| Douglas L Rayes |
| Prisoner: Prison Condition |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 WITHDRAWAL OF DOCUMENT re: #9 MOTION to Dismiss Case by Defendant Arizona, State of. (Singh, Neil) |
| Filing 9 MOTION to Dismiss Case by Arizona, State of. (Attachments: #1 Exhibit 1(A), #2 Exhibit 1(B))(Singh, Neil) |
| Filing 8 NOTICE of Attorney Substitution by Neil Singh. (Singh, Neil) |
| Filing 7 Summons Issued as to Unknown Bong, Unknown Coleman, Unknown Hudson, Unknown Saenz, Gerald W Thompson, Unknown Viana. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
Filing 6
ORDER: The excessive force claim in Count One against Defendants Hudson, Coleman, Viana, Saenz, Bong, and Unknown Officers is dismissed. The assault and battery claim in Count Three against Defendants Hudson, Coleman, and Viana is dismissed. Defendant Thompson in his individual capacity must answer the excessive force claim in Count One. Defendants Thompson, Hudson, Coleman, Saenz, Viana and Bong must answer the state-law negligence claim in Count Two. Defendant State of Arizona must answer the state-law vicarious liability claim in Count Two. Defendants Thompson, Saenz, and Bong must answer the state-law assault and battery claim in Count Three. Plaintiff must either serve each Defendant or seek a waiver of service for each Defendant. If Plaintiff does not either obtain a waiver 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, the action may be dismissed as to each Defendant not served. Within 120 days from the filing date of this Order, Plaintiff must file a "Notice of Substitution," substituting Defendant Unknown Officers' actual names. The Court may dismiss without prejudice Defendant Unknown Officers if Plaintiff fails to timely file a notice of substitution, unless Plaintiff seeks and is granted an extension of time. If properly completed, the Clerk of Court must issue the proposed Summonses filed at Docs. #5 -5. This matter is referred to Magistrate Judge James F. Metcalf pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings a authorized under 28 U.S.C. 636(b)(1). Signed by Judge Douglas L Rayes on 11/12/2020. (REK)
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| Filing 5 SUMMONS Submitted by Shawn Charles Goff. (Attachments: #1 Summons COII Bong, #2 Summons COII Viana, #3 Summons Coleman, #4 Summons Lt. Saenz, #5 Summons Thompson)(Knowlton, Keith) |
| Filing 4 AMENDED COMPLAINT (Second) against All Defendants filed by Shawn Charles Goff.(Knowlton, Keith) |
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Filing 3
ORDER - (1) Plaintiff's First Amended Complaint (Doc. #1 -1 at 20-31) is dismissed for failure to state claim. Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. (2) If Plaintiff fails to file a second amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice and deny any pending unrelated motions as moot. (See document for further details). Signed by Judge Douglas L Rayes on 10/29/2020. (LAD)
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| Filing 2 NOTICE OF ASSIGNMENT (REK) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2020-093914. Filing fee received: $400.00, receipt number 0970-18797928 filed by Charles L Ryan, Arizona, State of. (submitted by Michael Gottfried) (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplemental Cover Sheet) (REK) |
| ***State Court record received on 10/21/2020***SERVICE EXECUTED filed by Shawn Charles Goff: Declaration of Service re: Summons, Complaint, and Certificate of Compulsory Arbitration upon Charles L Ryan and State of Arizona on 9/25/2020.***Declarations of Service filed in State Court on 9/28/2020, docketed in U.S. District Court on 10/21/2020 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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