Benak v. Yavapai County Board of Supervisors et al
| David Jay Benak |
| Unknown Stein, Unknown Samson, Unknown Padilla, Unknown Barton, David Hunt, Unknown Lawless, Unknown Haley, Unknown Wilkenson, Yavapai County Jail, Unknown Smith, William Kunish, Unknown Mascher, Yavapai County Board of Supervisors, Unknown Wilburn, Unknown Shermer and Unknown Parties |
| 3:2013cv08115 |
| May 9, 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
9
ORDER - (1) Plaintiff's Motion in Response to Order (Doc. 8 ), which the Court has construed as a request to voluntarily dismiss this case, is (a) granted in part, to the extent that the Court will dismiss this case without prejudice and will direct the Clerk of Court to send Plaintiff a copy of the payment receipt in 13-CV-8004-PCT-DGC (SPL), and (b) denied in part, to the extent Plaintiff is seeking a copy of the complaint. (2) This case is dismissed without prejudice. The Clerk of Court must enter judgment accordingly. (3) The Clerk of Court must send Plaintiff a copy of the payment receipt in 13-CV-8004-PCT-DGC (SPL): PHX 129795. (See document for further details). Signed by Judge David G Campbell on 1/23/14. (LAD)
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Filing
1
ORDER case CV 13-8004-PCT-DGC (SPL) 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 en ter judgment accordingly. 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 p oint 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 stricken. 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 account 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 pr ejudice and without 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 ame nded complaint 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 further 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. Plaintif f Sims'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 t o 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, an d 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) Modified to correct file date on 5/10/2013 (KMG).
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