Nelson #051089 v. Thomas et al
| Steven O Nelson |
| Siji Thomas, Karanja Adams, Ronald Stewart, NaphCare Incorporated, Ryan Thornell and Katie Hobbs |
| 2:2023cv00745 |
| May 1, 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 |
| Defendant |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE OF PARTY'S CHANGE OF ADDRESS by Steven O Nelson: #051089, FLORENCE-AZ-EYMAN-ASPC-MEADOWS, P.O. BOX 3300, FLORENCE, AZ 85132. (1 Page) (SMF) |
| Filing 35 REPORT of Individual Case Management re: #23 by Defendants Karanja Adams, Katie Hobbs, NaphCare Incorporated, Ronald Stewart, Siji Thomas, Ryan Thornell. (Barnes, Sarah) |
Filing 34
ORDER: Defendants' Motion for Clarification #31 is GRANTED to extent of the explanation provided herein. Defendants' Motion to Extend #31 and the Joinder #33 are GRANTED. Defendants have through June 30, 2023 to respond to the Emergency Motion for Preliminary Relief #24 . Signed by Magistrate Judge James F Metcalf on 6/20/2023. (REK)
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| Filing 33 *Joinder re: #31 First MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Preliminary Injunction, MOTION for Clarification (Expedited Consideration) by Defendants Katie Hobbs, Ryan Thornell. (Sanders, Ken) *Modified text on 6/16/2023 (REK). |
| Filing 32 NOTICE of Appearance by Ken Sanders on behalf of Katie Hobbs, Ryan Thornell. (Sanders, Ken) |
| Filing 31 *First MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Preliminary Injunction, MOTION for Clarification (Expedited Consideration) by Katie Hobbs, NaphCare Incorporated, Ryan Thornell. (Attachments: #1 Proposed Order)(Barnes, Sarah). *Added MOTION for Clarification on 6/16/2023 (REK). |
| Filing 30 REPLY to Response to Motion re: #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Steven O Nelson. (41 Pages) (REK) |
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Filing 29
ORDER: Defendants' Motion to Extend #25 is GRANTED. Defendants' Response #26 to the Motion for Preliminary Injunction is DEEMED TIMELY. Plaintiff has through June 20, 2023 to reply in support of his Motion for Preliminary Injunction #2 . Signed by Magistrate Judge James F Metcalf on 6/07/2023. (REK)
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| Filing 28 ANSWER to #1 Complaint with Jury Demand by Karanja Adams, Ronald Stewart, Siji Thomas.(Barnes, Sarah) |
| Filing 27 NOTICE of Appearance by Sarah Lynn Barnes on behalf of Karanja Adams, Ronald Stewart, Siji Thomas. (Barnes, Sarah) |
| Filing 26 RESPONSE in Opposition re: #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order and Dkt. 6 filed by Katie Hobbs, NaphCare Incorporated, Ryan Thornell. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Barnes, Sarah) |
| Filing 25 Second MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Expedited Consideration) by Katie Hobbs, NaphCare Incorporated, Ryan Thornell. (Attachments: #1 Proposed Order, #2 Exhibit)(Barnes, Sarah) |
| Filing 24 MOTION for Emergency Injunction by Steven O Nelson. (7 Pages) (Attachments: #1 Part 2)(REK) |
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Filing 23
SCHEDULING ORDER: Discovery due by 9/28/2023. Dispositive motions due by 11/27/2023. All other pretrial motions due by 12/27/2023. See document for further details. Signed by Magistrate Judge James F Metcalf on 6/01/2023. (REK)
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Filing 22
ORDER: Plaintiff's Motion for Service #17 is DENIED without prejudice. Unless service on Defendant Stewart has been earlier facilitated, completed or waived, Defendant NaphCare must file on or before June 8, 2023 a notice providing a last known address for service on Defendant Stewart. If such address is a home address, Defendant must file such address UNDER SEAL and EX PARTE. Signed by Magistrate Judge James F Metcalf on 5/31/2023. (REK)
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| Filing 21 ANSWER to #1 Complaint with Jury Demand by Katie Hobbs, NaphCare Incorporated, Ryan Thornell.(Barnes, Sarah) |
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Filing 20
ORDER: Defendants' Motion for Extension of Response Deadline #19 is GRANTED. Defendants NaphCare, Inc., Ryan Thornell and Katie Hobbs shall file a Response to Plaintiff's Motion for Emergency Preliminary Injunction Relief on or before June 2, 2023. Signed by Magistrate Judge James F Metcalf on 5/26/2023. (REK)
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| Filing 19 First MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction (Expedited Consideration) by Katie Hobbs, NaphCare Incorporated, Ryan Thornell. (Attachments: #1 Proposed Order)(Barnes, Sarah) |
| Filing 18 NOTICE of Appearance by Sarah Lynn Barnes on behalf of Katie Hobbs, NaphCare Incorporated, Ryan Thornell. (Barnes, Sarah) |
| Filing 17 MOTION for Order of Service by USMS to Defendant Ronald Stewart's Attorney Sarah Barnes of Plaintiff's Summons, Complaint, and Order by Steven O Nelson. (2 Pages) (REK) |
| Filing 16 SERVICE EXECUTED: USMS Process Receipt and Return re: Summons, Complaint, Order, and Motion upon NaphCare Incorporated on 5/22/2023. (REK) |
| Filing 15 SERVICE EXECUTED: USMS Process Receipt and Return re: Summons, Complaint, and Order upon Siji Thomas on 5/15/2023. (REK) |
| Filing 14 SERVICE EXECUTED: USMS Process Receipt and Return re: Summons, Complaint, and Order upon Karanja Adams on 5/15/2023. (REK) |
| Filing 13 Service Returned Unexecuted: Summons, Complaint, and Order as to Ronald Stewart. (REK) |
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Filing 12
ORDER Directing Monthly Payments be made from Prison Account of Steven O Nelson. Signed by Judge Michael T Liburdi on 5/17/2023. (REK)
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Filing 11
ORDER: Plaintiff's Application to Proceed In Forma Pauperis #7 is granted. Signed by Judge Michael T Liburdi on 5/17/2023. (REK)
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| Filing 10 SERVICE EXECUTED: USMS Process Receipt and Return re: Summons, Complaint, Order, and Motion for Preliminary Injunction upon Ryan Thornell on 5/12/2023. (REK) |
| Filing 9 SERVICE EXECUTED : USMS Process Receipt and Return re: Summons/Complaint/Order/Motion upon Katie Hobbs on 5/10/2023. (WLP) |
| Service Packet Forwarded to USMS. USM 285 Summons/notice/complaint/order/motion, forwarded to USMS this date as to Siji Thomas, Karanja Adams, and Ronald Stewart. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 8 Prisoner Trust Fund Account Statement by Steven O Nelson. (1 Page) (REK) |
| Filing 7 APPLICATION for Leave to Proceed In Forma Pauperis by Steven O Nelson. (3 Pages) (REK) |
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Filing 6
ORDER (Service Packet): Plaintiff's Motion for Correction of Record #5 is granted. The Clerk of Court must update the docket to reflect Plaintiff's inmate number as "051089." 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 (or institutional equivalent). 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. Defendants Thomas, Adams, and Stewart must answer Counts One, Two, and Three, respectively, in their individual capacities only; Defendant NaphCare must answer Count Four; and Defendants Thornell and Hobbs must answer Counts Five and Six, respectively, in their official capacities only. Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order #2 is denied in part as to his request for a temporary restraining order. The Court will not rule at this time on Plaintiff's request for a preliminary injunction. Within 15 days of service, Defendants NaphCare, Thornell, and Hobbs must file a response to the portion of Plaintiff's Motion for Emergency Preliminary Injunction and Temporary Restraining Order seeking a preliminary injunction. Plaintiff may file a reply within 10 days of Defendants' response. The Clerk of Court must prepare a service packet including copies of the Summons, Complaint, Motion for Preliminary Injunction and Temporary Restraining Order, and this Order and forward it to the United States Marshal Service for personal service on Defendants NaphCare, Thornell, and Hobbs. The Clerk of Court must send Plaintiff this Order, and a copy of the Marshals Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendants Thomas, Adams, and Stewart. The Clerk of Court must send Plaintiff this Order, and a copy of the Marshals Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendants Thomas, Adams, and Stewart. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Complaint on a Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. Except with respect to (1) Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order and (2) the issue regarding the fees and in forma pauperis status, 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). The Clerk of Court must electronically send a copy of this Order to Sarah L. Barnes at slb@bowwlaw.com, Robert R. McCright at Robert.mccright@azag.gov, and the relevant Deputy United States Marshal. Signed by Judge Michael T Liburdi on 5/08/2023. (Attachments: #1 Service Packet Letter, #2 Service Forms for Defendant Thomas, #3 Service Forms for Defendant Adams, #4 Service Forms for Defendant Stewart) (REK)
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| Service Packet Forwarded to USMS. USM 285 Summons/notice/complaint/order/motion for preliminary injunction, forwarded to USMS this date as to NaphCare Incorporated, Ryan Thornell, and Katie Hobbs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 5 MOTION to Amend/Correct Record by Steven O Nelson. (2 Pages) (REK) |
| Filing 4 NOTICE: This case is subject to electronic filing. Please review the attached documents. (REK) |
| Filing 3 NOTICE OF ASSIGNMENT (REK) |
| Filing 2 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Steven O Nelson. (12 Pages) (REK) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Steven O Nelson. (23 Pages)(REK) |
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