Howarth v. United States Marshal Service
| Robert Howarth |
| United States Marshal Service |
| 2:2021cv02054 |
| December 6, 2021 |
| US District Court for the District of Arizona |
| Eileen S Willett |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 6
ORDER: IT IS ORDERED granting Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. #2 ). IT IS FURTHER ORDERED that if Plaintiff Robert Howarth fails to file the appropriate election form by 5:00 p.m. on February 15, 2022, Plaintiff Robert Howarth shall telephonically appear before Magistrate Judge Eileen S. Willett of the Phoenix Division of this Court by calling 1-866-390-1828 and entering passcode 9558982# on March 2, 2022 at 10:00 a.m. and show good cause for his failure to comply with Local Rule 3.7(b). The show cause hearing before the Magistrate Judge will be automatically vacated and the Plaintiff need not telephonically appear if the Plaintiff files a completed election form by the 5:00 p.m. February 15, 2022. The Clerk of Court shall mail to the Plaintiff at his address of record a third election form. IT IS FURTHER ORDERED that Plaintiff's Complaint is dismissed with permission to file a First Amended Complaint no later than February 22, 2022. If Plaintiff does not timely file a First Amended Complaint, the case will be dismissed with prejudice. IT IS FURTHER ORDERED that if Plaintiff elects to file a First Amended Complaint, he shall not serve it on Defendant until and unless the Court screens the First Amended Complaint pursuant to 28 U.S.C. 1915(e)(2). If and when the Court gives Plaintiff leave to serve a First Amended Complaint, Plaintiff shall be responsible for service and may do so by request for waiver under Federal Rule of Civil Procedure 4. (See Order for full details.) Signed by Magistrate Judge Eileen S Willett on 1/26/22. (Attachments: #1 Consent Form Instructions, #2 Consent Form) (SST)
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Filing 5
ORDER: IT IS ORDERED that Plaintiff shall show cause in writing on or before January 20, 2022, why he should not be sanctioned or be held in contempt of court pursuant to title 18 U.S.C. 401 for failing to comply Rule 3.7(b) of the Local Rules of Civil Procedure. If Plaintiff complies with Rule 3.7(b) on or before January 20, 2022, by either consenting to magistrate judge jurisdiction or electing to have the case assigned to a District Judge, the undersigned will automatically vacate this Order to Show Cause. IT IS FURTHER ORDERED directing the Clerk of Court to re-send Plaintiff the Consent to Exercise of Jurisdiction by United States Magistrate Judge election form (Doc. #3 ). (See Order for full details.) Signed by Magistrate Judge Eileen S Willett on 1/6/22. (SST)
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| Filing 4 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (WLP) |
| Filing 3 This case has been assigned to the Honorable Magistrate Judge Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-21-02054-PHX-ESW. Magistrate Election form attached. (Attachments: #1 Instructions)(WLP) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Robert Howarth. (WLP) |
| Filing 1 COMPLAINT filed by Robert Howarth.(WLP) |
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| Plaintiff: Robert Howarth | |
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| Defendant: United States Marshal Service | |
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