McCarty v. Egnor et al
Plaintiff: Jyles Jon Dale McCarty
Defendant: Sanjo Sabu, Logan Jeffrey Egnor, Phoenix Police Department, A Branvits and Emily Huskisson
Case Number: 2:2021cv00473
Filed: March 19, 2021
Court: US District Court for the District of Arizona
Presiding Judge: Michael T Morrissey (PS)
Referring Judge: Michael T Liburdi
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2021 Filing 19 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed April 29, 2021, Plaintiff to take nothing, and the complaint and action are dismissed for failure to state a claim. This dismissal may count as a "strike" under 28 U.S.C. 1915(g). This case is hereby terminated. (WLP)
April 29, 2021 Opinion or Order Filing 18 ORDER - IT IS ORDERED: (1) The Clerk of Court must vacate the April 15, 2021 Order Judgment and reopen this action. (2) Plaintiff's Third Amended Complaint (Doc. #15 ) and this action are dismissed for failure to state a claim, and the Clerk of Court must enter judgment accordingly. (3) Plaintiff's Motion for Investigator Provided by the State (Doc. #16 ) and Motion to Appoint Counsel (Doc. #17 ) are denied as moot. (4) The Clerk of Court must make an entry on the docket stating that the dismissal for failure to state a claim may count as a "strike" under 28 U.S.C. 1915(g). (5) The docket shall reflect that the Court, pursuant to 28 U.S.C. 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), has considered whether an appeal of this decision would be taken in good faith and finds Plaintiff may appeal in forma pauperis. See document for complete details. Signed by Judge Michael T Liburdi on 4/29/2021. (WLP)
April 28, 2021 Filing 20 MOTION for Records by Jyles Jon Dale McCarty. (5 pages) (WLP)
April 26, 2021 Filing 17 MOTION to Appoint Counsel by Jyles Jon Dale McCarty. (4 pages) (WLP)
April 26, 2021 Filing 16 MOTION for Investigator Provided by the State by Jyles Jon Dale McCarty. (4 pages) (WLP)
April 21, 2021 Filing 15 *THIRD AMENDED COMPLAINT against Logan Jeffrey Egnor filed by Jyles Jon Dale McCarty. (13 pages) (WLP) *Modified to correct text, reflecting Third not Second Amended Complaint on 4/23/2021 (WLP).
April 15, 2021 Filing 14 *VACATED pursuant to #18 Order -- CLERK'S JUDGMENT - Pursuant to the Court's order filed April 15, 2021, Plaintiff to take nothing, and the complaint and action are dismissed with prejudice for failure to state a claim. This dismissal may count as a "strike" under 28 U.S.C. 1915(g). (REK) *Modified on 4/29/2021 (WLP).
April 15, 2021 Opinion or Order Filing 13 *VACATED pursuant to #18 Order -- ORDER: Plaintiff's Second Amended Complaint #12 and this action are dismissed for failure to state a claim, and the Clerk of Court must enter judgment accordingly. The Clerk of Court must make an entry on the docket stating that the dismissal for failure to state a claim may count as a "strike" under 28 U.S.C. 1915(g). The docket shall reflect that the Court, pursuant to 28 U.S.C. 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), has considered whether an appeal of this decision would be taken in good faith and finds Plaintiff may appeal in forma pauperis. Signed by Judge Michael T Liburdi on 4/15/2021. (REK) *Modified on 4/29/2021 (WLP).
April 12, 2021 Filing 12 SECOND AMENDED COMPLAINT against Logan Jeffrey Egnor filed by Jyles Jon Dale McCarty. (12 pages) (WLP)
April 2, 2021 Opinion or Order Filing 11 ORDER - Plaintiff's Application to Proceed In Forma Pauperis (Doc. #8 ) is denied as moot. The First Amended Complaint (Doc. #7 ) 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. (See document for further details). Signed by Judge Michael T Liburdi on 4/1/2021. (LAD)
March 30, 2021 Filing 10 NOTICE of Filing Civil Suit by Jyles Jon Dale McCarty. (LAD) (1 page)
March 30, 2021 Filing 9 Prisoner Trust Fund Account Statement by Jyles Jon Dale McCarty. (LAD) (1 page)
March 30, 2021 Filing 8 APPLICATION for Leave to Proceed In Forma Pauperis by Jyles Jon Dale McCarty. (LAD) (3 pages)
March 30, 2021 Filing 7 FIRST AMENDED COMPLAINT against A Branvits, Logan Jeffrey Egnor, Emily Huskisson, Sanjo Sabu filed by Jyles Jon Dale McCarty. (LAD) (12 pages)
March 26, 2021 Opinion or Order Filing 6 ORDER Directing Monthly Payments be made from Prison Account of Jyles Jon Dale McCarty. Signed by Judge Michael T Liburdi on 3/25/2021. (LAD)
March 26, 2021 Opinion or Order Filing 5 ORDER - Plaintiff's Application to Proceed In Forma Pauperis (Doc. #2 ) is granted. The Complaint (Doc. #1 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an 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. (See document for further details). Signed by Judge Michael T Liburdi on 3/25/2021. (LAD)
March 19, 2021 Filing 4 NOTICE OF ASSIGNMENT (LAD)
March 19, 2021 Filing 3 Prisoner Trust Fund Account Statement by Jyles Jon Dale McCarty. (LAD) (1 page)
March 19, 2021 Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Jyles Jon Dale McCarty. (LAD) (3 pages)
March 19, 2021 Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Jyles Jon Dale McCarty. (Attachments: #1 Envelope) (LAD) (23 pages)

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Defendant: Sanjo Sabu
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Defendant: Logan Jeffrey Egnor
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Defendant: Phoenix Police Department
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Defendant: A Branvits
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Defendant: Emily Huskisson
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Plaintiff: Jyles Jon Dale McCarty
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