McGhee v. Arizona, State of et al
| Joseph McGhee |
| Arizona, State of, Ryan Forsman, Dara Rabin, William Ring, Ammon Barker, Coconino, County of and Office of the Attorney General for the State of Arizona |
| 3:2023cv08601 |
| November 16, 2023 |
| US District Court for the District of Arizona |
| Eileen S Willett (PS) |
| Susan R Bolton |
| Eileen S Willett |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 30 RESPONSE to Motion re: #22 MOTION to Stay Pending Resolution of State Court Post-Conviction Relief Proceeding filed by Arizona, State of, Office of the Attorney General for the State of Arizona. (Knobloch, Eric) |
| Filing 29 RESPONSE to Motion re: #19 MOTION to Vacate Dismissal Order filed by Arizona, State of, Office of the Attorney General for the State of Arizona. (Knobloch, Eric) |
| Filing 28 MOTION to Strike #25 Response to Motion to Vacate Dismissal Order by Joseph McGhee. (McGhee, Joseph) |
Filing 27
ORDER granting Defendant State of Arizona's Unopposed Motion for Extension of Time to File Response to Motion to Vacate #23 . IT IS FURTHER ORDERED extending State of Arizona's response time to "Plaintiff's Motion to Vacate Dismissal Order, or, for Alternative Relief" #19 to January 10, 2024. The Court notes Defendants Forsman, Ring, Barker, and Coconino County's Response to Plaintiff's Motion to Vacate Dismissal Order or, for Alternative Relief (Doc. #25 ) has been filed. Signed by Magistrate Judge Eileen S Willett on 1/4/2024. (CSL)
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| Filing 26 RESPONSE to Motion re: #22 MOTION to Stay Pending Resolution of State Court Post-Conviction Relief Proceeding filed by Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Jellison, James) |
| Filing 25 RESPONSE to Motion re: #19 MOTION to Vacate Dismissal Order filed by Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Jellison, James) |
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Filing 24
ORDER that Plaintiff shall have until January 23, 2024 to file a response to the Motion to Dismiss (Doc. #20 ). IT IS FURTHER ORDERED that Defendants shall file any reply within fifteen days from the date Plaintiff's response is filed. IT IS FURTHER ORDERED that the Motion to Dismiss (Doc. #20 ) shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 1/2/2024. (WLP)
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| Filing 23 *First MOTION for Extension of Time to File Response/Reply re: #19 MOTION to Vacate Dismissal Order by Arizona, State of, Office of the Attorney General for the State of Arizona. (Attachments: #1 Proposed Order)(Knobloch, Eric) *Modified event and text on 1/4/2024 (CSL). |
| Filing 22 MOTION to Stay Pending Resolution of State Court Post-Conviction Relief Proceeding by Joseph McGhee. (Attachments: #1 Exhibit Notice and Request for Waiver of Service (Ring), #2 Exhibit Notice and Request for Waiver of Service (Forsman), #3 Exhibit Notice and Request for Waiver of Service (Barker), #4 Exhibit Recent Docket in CR2021-00796, #5 Exhibit Jellison Email (July 18, 2023), #6 Exhibit Order Granting Motion to Amend PCR Petition, #7 Exhibit Order Granting Motion for Discovery, #8 Proposed Order Order on Plaintiff's Motion to Stay)(McGhee, Joseph) |
| Filing 21 REPLY to Response to Motion re: #14 MOTION to Strike Plaintiff's Legal Memorandum Attached to Plaintiff's Amended Complaint filed by Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Jellison, James) |
| Filing 20 *MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Attachments: #1 Exhibit Exhibits A-C) (Jellison, James) *Modified to correct motion event on 12/26/2023 (DXD). |
| Filing 19 MOTION to Vacate Dismissal Order and for Expedited Hearing by Joseph McGhee. (Attachments: #1 Proposed Order on Plaintiff's Motion to Vacate Dismissal Order, #2 Exhibit 1 - Petition for Special Action, #3 Exhibit 2 - Motion for Procedural Order, #4 Exhibit 3 - Order Declining Special Action Jurisdiction, #5 Exhibit 4 - ARS 13-2923 Cases, #6 Exhibit 5 - Police Report (Aug. 7, 2020))(McGhee, Joseph) Modified text on 12/21/2023 (WLP). |
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Filing 18
ORDER - The reference to the Magistrate Judge is withdrawn as to Defendant State of Arizona's Motion for Clarification (Doc. #13 ) and Plaintiff's Motion to Remand (Doc. #8 ). Defendant State of Arizona's Motion for Clarification (Doc. #13 ) is granted as set forth herein. Defendant State of Arizona shall answer the Complaint or object to removal within 30 days of the date of this Order. Plaintiff's Motion Remand (Doc. #8 ) is denied. All further proceedings shall remain with the referred Magistrate Judge pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure and as authorized under 28 U.S.C. 636(b)(1), and the December 13, 2023 Order of this Court. See document for complete details. Signed by Senior Judge Susan R Bolton on 12/20/2023. (WLP)
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| Filing 17 RESPONSE in Opposition re: #14 MOTION to Strike Plaintiff's Legal Memorandum Attached to Plaintiff's Amended Complaint filed by Joseph McGhee. (McGhee, Joseph) |
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Filing 15
ORDER granting #7 Motion to Allow Electronic Filing. Plaintiff is required to comply with all rules outlined in the District of Arizona's Case Management/Electronic Case Filing Administrative Policies and Procedures Manual, have access to the required equipment and software, have a personal electronic mailbox of sufficient capacity to send and receive electronic notice of case related transmissions, be able to electronically transmit documents to the court in.pdf, complete the required form to register as a user with the Clerk's Office within five (5) days of the date of this Order, register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order and comply with the privacy policy of the Judicial Conference of the United States and the E-Government Act of 2002. Any misuse of the ECF system will result in immediate discontinuation of this privilege and disabling of the password assigned to the party. Signed by Magistrate Judge Eileen S Willett on 12/18/2023. (WLP)
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| Filing 14 MOTION to Strike Plaintiff's Legal Memorandum Attached to Plaintiff's Amended Complaint by Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Attachments: #1 Exhibit Proposed Order)(Jellison, James) |
| Filing 13 MOTION MOTION FOR CLARIFICATION by Arizona, State of, Office of the Attorney General for the State of Arizona. (Knobloch, Eric) |
| Filing 12 RESPONSE to Motion re: #8 MOTION to Strike #4 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Complaint MOTION to Remand to State Court filed by Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Attachments: #1 Exhibit Exhibit A - Statement of Dara Rabin)(Jellison, James) |
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Filing 11
ORDER: Defendants' Motion for Extension of Time #4 is granted. Defendants have until December 24, 2023 to answer or otherwise respond to the complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure. 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 document for further details. Signed by Senior Judge Susan R Bolton on 12/13/2023. (CSL)
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| Filing 10 NOTICE of Appearance by James M Jellison on behalf of Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Jellison, James) |
| Filing 9 SUPPLEMENT Notice of Supplement to Transcript of State Court Record re: #1 Notice of Removal, by Defendants Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Attachments: #1 Exhibit Exhibit 1)(Jellison, James) |
| Filing 8 MOTION to Strike #4 MOTION for Extension of Time, MOTION to Remand to State Court by Joseph McGhee. (4 pages) (WLP) |
| Filing 7 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Joseph McGhee. (3 Pages) (KLG) |
| Filing 6 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Joseph McGhee. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) |
| Filing 5 Mail Returned as Undeliverable. Mail sent to Joseph McGhee. Reason for return: Return to Sender- Not Deliverable as Addressed. Document number #2 , #3 . (ARC) |
| Filing 4 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Complaint by Ammon Barker, Coconino, County of, Ryan Forsman, William Ring. (Attachments: #1 Proposed Order Proposed Order)(Jellison, James) |
| Filing 3 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (JAM) |
| Filing 2 NOTICE OF ASSIGNMENT (JAM) |
| Filing 1 NOTICE OF REMOVAL from Coconino County Superior Court, case number CV2023-00190. Filing fee received: $ 402.00, receipt number AAZDC-22493577 filed by Ammon Barker, Ryan Forsman, Coconino, County of, William Ring. (Jellison, James) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(JAM) |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 6/2/23 to State of Arizona. (Original filed in Coconino County Superior Court on 6/2/23.) (JAM) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***STATE COURT RECORD RECEIVED: ANSWER to Amended Complaint by Dara Rabin. ENTERED IN DISTRICT COURT FOR CASE MANAGEMENT PURPOSES***(JAM) |
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