Hertel v. Shinn et al
| Frank Karl Hertel |
| Unknown Montiel, David Shinn, Charles L Ryan and Unknown Parties |
| 3:2021cv08044 |
| March 1, 2021 |
| US District Court for the District of Arizona |
| Eileen S Willett (PS) |
| John J Tuchi |
| Eileen S Willett |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 9
ORDER Directing Monthly Payments be made from Prison Account of Frank Karl Hertel. Signed by Judge John J Tuchi on 4/23/21. (SST)
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Filing 8
ORDER (Service Packet): Plaintiff's second Application to Proceed In Forma Pauperis (Doc. #6 ) 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 $38.53. Defendants Ryan and Various Unknown Nutritionists/Registered Dieticians are dismissed without prejudice. Plaintiff's equal protection claim in Count Four is dismissed without prejudice. Defendant Shinn, in his official capacity only, must answer the RLUIPA, Free Exercise Clause, and Establishment Clause claims in Count One; the Equal Protection claim in Count Two; the Eighth Amendment claim in Count Three; and the access-to-the-courts claim in Count Four. Defendant Montiel, in his official capacity only, must answer the RLUIPA and Free Exercise Clause claims in Count One; the Equal Protection claim in Count Two; and the Eighth Amendment claim in Count Three. The Clerk of Court must send Plaintiff a service packet including the Complaint (Doc. #1 ), this Order, and both summons and request for waiver forms for Defendants Shinn and Montiel. 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. This matter is referred to Magistrate Judge Eileen S. Willett 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 full details.) Signed by Judge John J Tuchi on 4/23/21. (SST)
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| Filing 7 Prisoner Trust Fund Account Statement by Frank Karl Hertel. (SST) (1 page) |
| Filing 6 APPLICATION for Leave to Proceed In Forma Pauperis by Frank Karl Hertel. (SST) (2 pages) |
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Filing 5
ORDER: Plaintiff's Application to Proceed In Forma Pauperis (Doc. #2 ) is denied without prejudice. 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 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. The Clerk of Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). (See Order for full details.) Signed by Judge John J Tuchi on 3/8/21. (SST)
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| Filing 4 NOTICE OF ASSIGNMENT (SST) |
| Filing 3 Prisoner Trust Fund Account Statement by Frank Karl Hertel. (SST) (8 pages) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Frank Karl Hertel. (SST) (2 pages) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Frank Karl Hertel. (Attachments: #1 Part 2, #2 Part 3, #3 Envelope) (SST) (105 pages) |
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