Benak et al v. Yavapai County Board of Supervisors et al
| Jerry Shelton, Jr., James W Pletcher, Jeffrey Jensen, Troy Sims, David Jay Benak and Jose L Islas |
| David Hunt, Yavapai County Jail, Unknown Haley, Unknown Wilkenson, Unknown Shermer, Unknown Wilburn, Unknown Barton, Unknown Padilla, Unknown Lawless, Unknown Smith, Unknown Stein, Unknown Samson, Yavapai County Board of Supervisors, Unknown Mascher, William Kunish and Unknown Parties |
| 3:2013cv08004 |
| January 8, 2013 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Yavapai |
| Steven P Logan (PS) |
| David G Campbell |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
8
ORDER This case is severed into individual actions, one for each Plaintiff. The Clerk of Court must assign a new case number to each new individual action. The Clerk of Court must close this case (13-CV-8004-PCT-DGC (SPL))) and enter judgment accord ingly. The Clerk of Court must file a copy of the present Complaint (Doc. 1 ) and this Order in each new case. The rulings in this Order shall apply in each new case. The individual Plaintiffs must proceed independently from this point and will not be regarded as co plaintiffs, except upon further order of the Court. All further pleadings, motions or other papers submitted for filing by an individual Plaintiff in his separate case must be signed by the individual Plaintiff, or they will be st ricken. Within 30 days of the date this Order is filed, Plaintiffs Benak, Islas, Shelton, Pletcher, and Jensen must either pay the $350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a certified six month trust ac count statement. If a Plaintiff fails to either pay the $350.00 filing 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 wi thout further notice to that Plaintiff. The Complaint (Doc. 1) is dismissed without prejudice for failure to comply with Local Rule of Civil Procedure 3.4. Each Plaintiff has 30 days from the date this Order is filed to file a first amended complain t in compliance with this Order. If a Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of that Plaintiff's case action without prejudice and without fur ther notice to that Plaintiff. Plaintiff Benak's Motion for Status (Doc. 3 ) is granted to the extent this Order provides the status of this case. Plaintiff Benak's Motion to Expedite (Doc. 4 ) is denied without prejudice. Plaintiff Sims& #039;s "Motion for 'Official pro per Status' Ordering Defendants to Grant Law Library Access" (Doc. 5 ) is denied without prejudice. Erminio Sernas Document (Doc. 6 ) is denied. Plaintiff Benaks Document (Doc. 7 ) is granted to the extent this Order provides the status of this case. The Clerk of Court must mail Plaintiff Sims a court-approved form for filing a civil rights complaint by a prisoner. The Clerk of Court must mail Plaintiffs Benak, Islas, Shelton, Pletcher, and Jensen a court-approved form for filing a civil rights complaint by a prisoner and a court approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). The Clerk of Court must mail Erminio Serna a court-approved form for filing a civil rights complaint by a prisoner and a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Signed by Judge David G Campbell on 5/8/2013. (KMG)
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