Shanley v. Federal Health Administration et al
| Gabriel Lennon Shanley |
| James A Clenney, Michael Adu-Tutu, Charles L Ryan, Charles Flanagan, Sandra Walker, Lance R Hetmer, Anna M Jacobs, Angela Basurto, Federal Health Administration, Unknown Christopher, Unknown Tucci, Julio Fiocchi, Helena Valenzuela, Unknown Parties, Facility Health Administration, Unknown Robertson, David Robertson and R A White |
| 4:2011cv00537 |
| August 26, 2011 |
| US District Court for the District of Arizona |
| Tucson Division Office |
| Pima |
| Frank R Zapata |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 73 CLERK'S JUDGMENT - Pursuant to RULE 41(b) of the Federal Rules of Civil Procedure, this action is dismissed without prejudice for failure to prosecute. (SMBE) |
Filing 72
ORDER Granting #70 Supplement Motion to Dismiss filed by David Robertson, R A White. Count 1 of the Fourth Amended compalint is dismissed without prejudice under Federal Rule of Civil Procedure 41(b).The Clerk of Court must enter judgment of dismissal accordingly. Signed by Senior Judge Frank R Zapata on 3/5/14. (SMBE)
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Filing 71
ORDER denying #47 Motion to Dismiss Party; granting #64 Motion for Summary Judgment. Dr. Robertson is dismissed as a Defendant. Within 20 days from the date of this Order, Shanley must respond to this Order and show cause why this action should not be dismissed for failure to prosecute. Failure to respond to this Order will result in dismissal without further notice. Signed by Senior Judge Frank R Zapata on 1/23/14.(SMBE)
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| Filing 70 SUPPLEMENT Motion to Dismiss re #64 MOTION for Summary Judgment , #47 MOTION to Dismiss Party White by Defendants David Robertson, R A White. (Carter, Paul) |
| Filing 69 NOTICE of Change of Address by Gabriel Lennon Shanley. (ALS) |
| Filing 68 SERVICE EXECUTED filed by David Robertson, R A White: Notice of Service re Defendants' 2nd Supplemental Response to Plaintiff's 1st Request for Production of Documents upon Plaintiff Gabriel Shanley on August 21, 2013. (Carter, Paul) |
| Filing 67 SERVICE EXECUTED filed by David Robertson: Notice of Service re Defendant Robertson's 2nd Supplemental Responses to Plaintiff's 4th (5th) Request for Production of Documents upon Plaintiff Gabriel Shanley on August 21, 2013. (Carter, Paul) |
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Filing 66
ORDER: IT IS ORDERED that Plaintiff must file a response to Defendants #64 Motion for Summary Judgment, together with a separate Statement of Facts and supporting affidavits or other appropriate exhibits, no later than 9/19/13. IT IS FURTHER ORDERED that Defendants may file a reply within 15 days after service of Plaintiffs response. Signed by Senior Judge Frank R Zapata on 8/16/13.(BAC)
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| Filing 65 STATEMENT of Facts re #64 MOTION for Summary Judgment by Defendants David Robertson, R A White. (Attachments: #1 Exhibit (Exhibit A))(Carter, Paul) |
| Filing 64 MOTION for Summary Judgment by David Robertson, R A White. (Carter, Paul) |
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Filing 63
ORDER denying #59 Plaintiff's Motion for Extension of Time to File. Signed by Senior Judge Frank R Zapata on 8/14/2013.(ALS)
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| Filing 62 RESPONSE to Motion re #59 MOTION for Extension of Time to File filed by David Robertson, R A White. (Attachments: #1 Exhibit (Exhibit A))(Carter, Paul) |
| Filing 61 REPLY to Response to Motion re #47 MOTION to Dismiss Party White filed by David Robertson, R A White. (Carter, Paul) |
| Filing 60 SERVICE EXECUTED filed by David Robertson: Notice of Service re Defendant Robertson's Responses to Plaintiff's Fourth (Sixth) Interrogatories upon Plaintiff Gabriel Shanley on August 1, 2013. (Carter, Paul) |
| Filing 59 MOTION for Extension of Time to File Plaintiff's Dispositive Motion by Gabriel Lennon Shanley. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(ALS) |
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Filing 58
ORDER granting #57 Defendants' Motion for Extension, the deadline for Defendants to reply to Shanley's Response to their #47 Motion to Dismiss is extended until August 12, 2013. Signed by Senior Judge Frank R Zapata on 7/17/2013.(ALS)
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| Filing 57 First MOTION for Extension of Time to File Response/Reply as to #56 Declaration, #55 Response in Opposition to Motion, #47 MOTION to Dismiss Party White by David Robertson, R A White. (Attachments: #1 Text of Proposed Order (Order (granting Defs' Mtn for Extension)))(Carter, Paul) |
| Filing 56 DECLARATION in Support #55 Response in Opposition to Motion filed by Gabriel Lennon Shanley. (40 pages) (ALS) |
| Filing 55 RESPONSE in Opposition to Defendant's #47 MOTION to Dismiss Party White filed by Gabriel Lennon Shanley. (2 pages) (ALS) |
| Filing 54 SERVICE EXECUTED filed by David Robertson: Notice of Service re Defendant Robertson's Responses to Plaintiff's 4th (5th) Request for Production of Documents upon Plaintiff Gabriel Shanley on July 5, 2013. (Carter, Paul) |
| Filing 53 SERVICE EXECUTED filed by David Robertson: Notice of Service re Responses to Pl's 3rd (4th) Req for Prod of Docs upon Plaintiff Gabriel Shanley on July 1, 2013. (Carter, Paul) |
| Filing 52 NOTICE re Service of Discovery Responses by Unknown Robertson re #43 Notice (Other), #44 Notice (Other) Second (Fourth) Req for Interrogs & Third (Fifth) Req for Interrogs. (Carter, Paul) |
| Filing 51 NOTICE of Service of Plaintiff's Seventh Request for Interrogatories and Second Request for Admissions by Gabriel Lennon Shanley. (ALS) |
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Filing 50
ORDER: Plaintiff must file a response to Defendants' #47 Motion to Dismiss, together with copies of grievances, sworn declarations or other admissible evidence, no later than 7/7/13. Defendants may file a reply within 15 days after service of Plaintiff's response. The Motion to Dismiss will 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. Signed by Senior Judge Frank R Zapata on 6/7/2013. (ALS)
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Filing 49
ORDER granting #48 Motion to Stay Discovery. Discovery directed to Defendant White that is unrelated to exhaustion of administrative remedies stayed pending resolution of Defendants' Motion to Dismiss; Last day for Defendant White to complete discovery 60 days after resolution of Defendants' Motion to Dismiss; Dispositive motion deadline for Defendant White 90 days after resolution of Defendants' Motion to Dismiss; and Deadline to file Joint Proposed Pretrial Order 30 days after resolution of Defendants' anticipated Motion for Summary Judgment. Signed by Senior Judge Frank R Zapata on 6/7/2013.(ALS)
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| Filing 48 MOTION to Stay Discovery by David Robertson, R A White. (Attachments: #1 Text of Proposed Order (Order (granting Defs' Mtn to Stay Discovery))(Carter, Paul) |
| Filing 47 MOTION to Dismiss Party White by David Robertson, R A White. (Attachments: #1 Exhibit (Exhibit A))(Carter, Paul) |
| Filing 46 NOTICE re Service of Discovery Responses by David Robertson, R A White . (Carter, Paul) |
| Filing 45 PLAINTIFF'S DEMAND for Jury Trial by Gabriel Lennon Shanley. (3 pages) (ALS) |
| Filing 44 NOTICE of Service of Plaintiff's Fifth Request for Interrogatories and Fourth Request for Production of Documents by Gabriel Lennon Shanley. (3 pages) (KAD) |
| Filing 43 NOTICE of Service of Plaintiff's Fourth Request for Interrogatories by Gabriel Lennon Shanley. (3 pages) (ALS) |
| Filing 42 NOTICE of Service of Plaintiff's Second Request for Interrogatories and Second Request for Productioin of Documents to Defendants by Gabriel Lennon Shanley. (2 pages) (ALS) |
| Filing 41 NOTICE re Service of Defs' 1st Supplemental Response to Pl's 1st Req for Prod of Docs by Unknown Robertson, R A White re #32 Notice (Other) . (Carter, Paul) |
| Filing 40 NOTICE of Service of Plaintiff's Response to Defendant's Request for Production of Documents (First Request) by Gabriel Lennon Shanley. (ALS) |
| Filing 39 NOTICE re Service of Defs' Response to Pl's 1st Req for Prod of Docs by David Robertson, R A White re #32 Notice (Other) . (Carter, Paul) |
| Filing 38 NOTICE of Service of Plaintiff's Answers to Defendant's Request for Interrogatories by Gabriel Lennon Shanley. (2 pages) (ALS) |
| Filing 37 NOTICE of Service of Plaintiff's First Request for Admissions by Gabriel Lennon Shanley. (2 pages) (ALS) |
| Filing 36 *AMENDED ANSWER to #19 Amended Fourth Complaint by David Robertson, R A White. (4 pages) (KAD) *Modified on 3/12/2013 to reflect page count (KAD). |
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Filing 35
ORDER granting #33 Motion to Amend/Correct. IT IS FURTHER ORDERED that the Clerk shall file Defendants Amended Answer to Plaintiffs Fourth Amended Complain. Signed by Senior Judge Frank R Zapata on 3/11/13.(KAD)
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| Filing 34 NOTICE re Service of Defs' Non-Unif Interrogs & Req for Prod of Docs to Pl by David Robertson, R A White . (Carter, Paul) |
| Filing 33 MOTION to Amend/Correct Defs' Answer to Pl's 4th Amended Complaint by David Robertson, R A White. (Attachments: #1 Exhibit (Defs' Amended Answer to Pl's 4th Amended Complaint), #2 Text of Proposed Order (Order (granting Defs' Mtn to Amend))(Carter, Paul) |
| Filing 32 *NOTICE of Service by Gabriel Lennon Shanley. (1 page) (ALS) *Modified to reflect number of pages on 3/6/2013 (ALS). |
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Filing 31
ORDER: Discovery due by 7/12/2013. Dispositive motions due by 8/16/2013. Proposed Joint Pretrial Order due by 9/20/2013. Signed by Senior Judge Frank R Zapata on 2/6/2013. (See attached PDF for complete information)(ALS)
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| Filing 30 ANSWER to #19 Amended Complaint with Jury Demand by David Robertson, R A White.(Carter, Paul) |
| Filing 29 NOTICE re Waiver of Service for Defendant White by R A White . (Carter, Paul) |
| Filing 28 CERTIFICATE OF SERVICE by Gabriel Lennon Shanley (ALS) |
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Filing 27
ORDER granting #22 Motion for Extension of Time for service of process. Plaintiff shall have an additional 60 days to accomplish service. The Clerk of the Court shall mail Plaintiff a Waiver Form. Plaintiff shall complete the Waiver Form for Dr. White and mail it to Mr. Carter forthwith at the address provided. Plaintiff shall file a notice with the Court immediately after mailing the Waiver Form to Mr. Carter. Signed by Senior Judge Frank R Zapata on 12/11/2012.(ALS)
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| Filing 26 WAIVER OF SERVICE Returned Executed by David Robertson. David Robertson waiver sent on 11/24/2012. (Carter, Paul) |
| Filing 25 SUMMONS Returned Executed upon US Agency/Officer David Robertson served on 11/8/2012. (ALS) |
| Filing 24 Brief in support of Motion for Extension of Time on the 120 day deadline for service of process (Doc. 22) and Statement of the case. (ALS) |
| Filing 23 DECLARATION in support of #22 MOTION for Extension of Time on the 120 day deadline for service of process by Plaintiff Gabriel Lennon Shanley. (ALS) |
| Filing 22 MOTION for Extension of Time on the 120 day deadline for service of process by Gabriel Lennon Shanley. (ALS) |
| Filing 21 Summons Returned Unexecuted as to R A White. (ALS) |
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Filing 20
ORDER (Service Packet), IT IS ORDERED The Clerk of Court must send Plaintiff a service packet including the #19 Fourth Amended Complaint, this #20 Order, and both summons and request for waiver forms for Defendants White and Robertson. Case no longer referred to Pro Se (Tucson). Signed by Senior Judge Frank R Zapata on 08/31/2012. (CPD)
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| Filing 19 FOURTH AMENDED COMPLAINT against David Robertson, R. A. White, filed by Gabriel Lennon Shanley.(ALS) |
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Filing 18
ORDER: The Third Amended Complaint #17 is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a fourth amended complaint in compliance with this Order. If Plaintiff fails to file within 30 days, the Clerk of Court must enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a strike under 28 U.S.C. 1915(g). Signed by Senior Judge Frank R Zapata on 5/30/2012. (See attached PDF for complete information)(ALS)
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| Filing 17 THIRD AMENDED COMPLAINT against Michael Adu-Tutu, Unknown Christopher, James A Clenney, Facility Health Administration, Julio Fiocchi, Unknown Robertson, Unknown Tucci, Unknown Parties, Helena Valenzuela, filed by Gabriel Lennon Shanley.(ALS) |
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Filing 16
ORDER: Plaintiff's February 6, 2012 Motion for Relief from Judgment #15 is granted. The January 25, 2012 Judgment of Dismissal (Doc. 14) is vacated; the Clerk of Court must reopen this case and resend to Plaintiff a copy of the December 9, 2011 screening Order (Doc. 12). Plaintiff has 30 days from the date this Order is filed to file a third amended complaint. If Plaintiff fails to file a third amended complaint, the Clerk of Court must enter a judgment of dismissal of this action without prejudice. The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Senior Judge Frank R Zapata on 3/16/2012. (ALS)
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| Filing 15 MOTION for Relief from Judgment by Gabriel Lennon Shanley. (ALS) |
| Filing 14 VACATED by (Doc. 16)- JUDGMENT: IT IS ORDERED AND ADJUDGED that having failed to comply with this Court's Order filed 12/9/2011, Plaintiff to take nothing, and the complaint and action are dismissed with prejudice for failure to state a claim. This dismissal may count as a strike under 28 U.S.C. 1915(g). Signed on 1/24/2012. (ALS) Modified on 3/20/2012 (ALS). |
| Filing 13 RETURN OF SERVICE of Order (Doc. 11)served on Charles L. Ryan on 12/12/2011 filed by Gabriel Lennon Shanley. (SMBE) |
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Filing 12
ORDER: Plaintiffs #8 Application to Proceed In Forma Pauperis is granted. Plaintiff must pay $350 filing fee & is assessed a $10.62 initial partial filing fee. Second (Doc. 10) Amended Complaint is dismissed for failure to state a claim; plaintiff has 30 days from the date this Order is filed to file a third amended complaint. Failure to do so will result in a judgment of dismissal of this action with prejudice that states that the dismissal may count as a strike under 28 U.S.C. 1915(g). Clerk to mail Plaintiff a court-approved civil rights complaint by a prisoner filing form. Signed by Senior Judge Frank R Zapata on 12/8/11.(BAC)
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Filing 11
ORDER Directing Monthly Payments be made from Prison Account of Gabriel Lennon Shanley. IT IS ORDERED The Clerk of Court must serve by mail a copy of this Order on the Director of the Arizona Department of Corrections, 1601 West Jefferson, Phoenix, Arizona, 85007. The Clerk of Court must forward a copy of this Order to FinancialAdministration for the Tucson Division of the United States District Court for the District of Arizona. Financial Administration must set up an account to receive payments on the filing fee for this action and must notify the Court when the filing fee is paid in full. Signed by Senior Judge Frank R Zapata on 12/08/2011. (DLC)
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| Filing 10 SECOND AMENDED COMPLAINT against Michael Adu-Tutu, Angela Basurto, Unknown Christopher, James A Clenney, Federal Health Administration, Charles Flanagan, Lance R Hetmer, Anna M Jacobs, Charles L Ryan, Unknown Tucci, Unknown Parties, Sandra Walker, Julio Fiocchi, Helena Valenzuela, filed by Gabriel Lennon Shanley.(ALS) |
| Filing 9 Prisoner Trust Fund Account Statement by Gabriel Lennon Shanley. (ALS) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Gabriel Lennon Shanley. (ALS) |
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Filing 7
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 or file a completed Application to Proceed In Forma Pauperis and a certified six-month trust account statement from the ADOC's Central Office. If Plaintiff fails to pay the filing fee or file a completed Application within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. The Clerk of the Court must mail Plaintiff a court- approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas) (See attached PDF for complete information). Signed by Senior Judge Frank R Zapata on 9/30/2011.(ALS)
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| Filing 6 DECLARATION to Inform the Court of the Changes Made in Plaintiff's First Amended Complaint by Plaintiff Gabriel Lennon Shanley. (ALS) |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Gabriel Lennon Shanley.(ALS) |
| Filing 4 NOTICE OF ASSIGNMENT: (CPD) |
| Filing 3 Prisoner Trust Fund Account Statement by Gabriel Lennon Shanley. (CPD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Gabriel Lennon Shanley. (CPD) |
| Filing 1 COMPLAINT., filed by Gabriel Lennon Shanley. (Attachments: #1 Envelope)(CPD) |
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