Austin #106355 v. Adams et al
| Earnest Austin, Jr. |
| Karanja Adams, Rodney Stewart, Ryan Thornell and NaphCare Incorporated |
| 2:2023cv00657 |
| April 18, 2023 |
| US District Court for the District of Arizona |
| James F Metcalf (PS) |
| Michael T Liburdi |
| James F Metcalf |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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Filing 21
SCHEDULING ORDER: Discovery due by 10/5/2023. Dispositive motions due by 12/4/2023. Pretrial Motions due by 1/3/2024. See Order for complete details. Signed by Magistrate Judge James F Metcalf on 6/8/23. (SMF)
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| Filing 20 REPLY to Response to Motion re: #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Earnest Austin, Jr. (9 Pages) (SMF) |
| Filing 19 ANSWER to #1 Complaint by Karanja Adams, NaphCare Incorporated, Rodney Stewart, Ryan Thornell.(Barnes, Sarah) |
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Filing 18
ORDER Directing Monthly Payments be made from Prison Account of Earnest Austin, Jr. Signed by Judge Michael T Liburdi on 5/12/23. (SMF)
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Filing 17
ORDER - Plaintiff's Application to Proceed In Forma Pauperis (Doc. #13 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $35.24. Signed by Judge Michael T Liburdi on 5/12/23. (SMF)
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| Filing 16 RESPONSE to Motion re: #11 First MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction (Doc. 2) filed by Earnest Austin, Jr. (51 Pages) (SMF) |
| Filing 15 RESPONSE in Opposition re: #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Karanja Adams, NaphCare Incorporated, Rodney Stewart, Ryan Thornell. (Attachments: #1 Exhibit, #2 Exhibit)(Barnes, Sarah) |
| Filing 14 Prisoner Trust Fund Account Statement by Earnest Austin, Jr. (2 Pages) (SMF) |
| Filing 13 APPLICATION for Leave to Proceed In Forma Pauperis by Earnest Austin, Jr. (2 Pages) (SMF) |
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Filing 12
ORDER - Defendants' Motion to Extend (Doc. #11 ) is GRANTED. Defendants have through 5/11/23 to respond to Plaintiff's Emergency Motion for Preliminary Injunction and Temporary Restraining Order (Doc. #2 ). Signed by Magistrate Judge James F Metcalf on 5/9/23. (SMF)
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| Filing 11 First MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction (Doc. #2 ) by Karanja Adams, NaphCare Incorporated, Rodney Stewart, Ryan Thornell. (Attachments: #1 Proposed Order)(Barnes, Sarah) |
| Filing 10 NOTICE of Appearance by Sarah Lynn Barnes on behalf of Karanja Adams, NaphCare Incorporated, Rodney Stewart, Ryan Thornell. (Barnes, Sarah) |
| Filing 9 SERVICE EXECUTED : USMS Process Receipt and Return re: Summons/Complaint/Order upon Karanja Adams on 4/28/23. (SMF) |
| Filing 8 SERVICE EXECUTED : USMS Process Receipt and Return re: Summons/Complaint/Order upon Rodney Stewart on 4/28/23. (SMF) |
| Filing 7 SERVICE EXECUTED : USMS Process Receipt and Return re: Summons/Complaint/Order upon NaphCare Incorporated on 4/27/23. (SMF) |
| Filing 6 SERVICE EXECUTED : USMS Process Receipt and Return re: Summons/Complaint/Order upon Ryan Thornell on 4/21/23. (SMF) |
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Filing 5
ORDER (Service Packet) - Plaintiff's Emergency Motion for Preliminary Injunction and Temporary Restraining Order (Doc. #2 ) is denied only to the extent he seeks an ex parte temporary restraining order. The Clerk shall immediately electronically send a copy of this Order to Sarah Barnes at slb@bowwlaw.com, and Robert R. McCright at robert.mccright@azag.gov. The United States Marshal must immediately personally serve copies of the Complaint (Doc. #1 ), Emergency Motion for Preliminary Injunction (Doc. #2 ) and this Order upon Defendants. Defendants must answer the Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. 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 shall 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 shall mail Plaintiff the court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Except with respect to briefing and ruling on Plaintiff's motion for injunctive relief and payment of the filing and administrative fees or filing an application to proceed in forma pauperis, 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 as authorized under 28 U.S.C. 636(b)(1). See Order for complete details. Signed by Judge Michael T Liburdi on 4/20/23. (SMF)
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| Service Packet Forwarded to USMS. USM 285 Summons/notice/complaint/ Emergency Motion for Preliminary Injunction/order, forwarded to USMS this date as to Defendants Karanja Adams, Rodney Stewart, Ryan Thornell, NaphCare Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMF) |
| Filing 4 NOTICE: This case is subject to electronic filing. Please review the attached documents. (SMF) |
| Filing 3 NOTICE OF ASSIGNMENT (SMF) |
| Filing 2 MOTION for Preliminary Injunction, and MOTION for Temporary Restraining Order by Earnest Austin, Jr. (10 Pages) (SMF) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Earnest Austin, Jr. (12 Pages)(SMF) |
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