Malles v. Shepherd et al
Plaintiff: Dustin James Malles
Defendant: Justin Solberg, Gila, County of, J Adam Shepherd, Penni Padgett and Paul Penzone
Case Number: 2:2021cv00251
Filed: February 8, 2021
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
Presiding Judge: Michelle H Burns (PS)
Referring Judge: Roslyn O Silver
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2021 Filing 8 SECOND AMENDED COMPLAINT against Penni Padgett, Paul Penzone, J Adam Shepherd, Justin Solberg filed by Dustin James Malles. (6 pages)(WLP)
March 17, 2021 Opinion or Order Filing 7 ORDER - IT IS ORDERED: The First Amended Complaint (Doc. #4 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. 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 with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. 1915(g) and deny any pending unrelated motions as moot. The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. See document for complete details. Signed by Senior Judge Roslyn O Silver on 3/17/2021. (WLP)
March 15, 2021 Filing 6 Filing fee: $ 402.00, receipt number PHX227049. (WLP)
March 11, 2021 Opinion or Order Filing 5 ORDER - IT IS ORDERED: Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee and $52.00 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 $52.00 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 document for complete details. Signed by Senior Judge Roslyn O Silver on 3/11/2021. (WLP)
March 5, 2021 Filing 4 FIRST AMENDED COMPLAINT against Penni Padgett, J Adam Shepherd, Justin Solberg, Paul Penzone filed by Dustin James Malles. (8 pages) (WLP)
February 16, 2021 Filing 3 NOTICE OF ASSIGNMENT (REK)
February 16, 2021 Opinion or Order Filing 1 ORDER: This case is severed into individual actions, one for each named Plaintiff. The Clerk shall assign a new case number to each new individual action and file a copy of the Complaint and this Order in each new case. The rulings in this Order shall apply in each new case. Within 30 days of the date this Order is filed, each Plaintiff must either pay the $350.00 filing fee and $52.00 administrative fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement. The Complaint is dismissed without prejudice with 30 days leave to file an amended complaint. The Clerk shall enter judgment of dismissal without prejudice and deny any pending unrelated motions as moot if Plaintiff fails to comply. The Clerk shall use the Gila County Jail address as the mailing address for each Plaintiff when mailing a copy of this Order and the case- opening paperwork in the new actions. Signed by Senior Judge James A Teilborg on 2/16/2021. (REK)
February 8, 2021 Filing 2 PRISONER CIVIL RIGHTS COMPLAINT filed by Dustin James Malles. (68 Pages and Envelope) (REK)

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Defendant: Justin Solberg
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Defendant: Gila, County of
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Defendant: J Adam Shepherd
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Defendant: Penni Padgett
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Defendant: Paul Penzone
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Plaintiff: Dustin James Malles
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