Espinoza v. Irby et al
Plaintiff: Adrien Joshua Espinoza
Defendant: Phillip Irby, Unknown Young, Unknown Party, Unknown Josefowitz, Charles L Ryan and Mike Linderman
Case Number: 4:2017cv00236
Filed: May 22, 2017
Court: US District Court for the District of Arizona
Office: Tucson Division Office
County: Pinal
Presiding Judge: Pro Se (Tucson)
Presiding Judge: David C Bury
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 27, 2019 Opinion or Order Filing 127 ORDER the Motion to Set Aside (Doc. 121 ) is DENIED. The Motion to Set Aside (Doc. 122 ) is DENIED. The Motion to Set Aside (Doc. 125 ) is DENIED. The Motion for Extension of Time (Doc. 126 ) is DENIED. Signed by Senior Judge David C Bury on 9/27/2019. (See attached Order for complete details) (DLC)
August 27, 2019 Opinion or Order Filing 119 ORDER that the Motion for Extension of Time (Doc. 118 ) is DENIED. IT IS FURTHER ORDERED that the unnamed Defendants are dismissed for failing to serve them and failing to litigate the case against them. IT IS FURTHER ORDERED that the Clerk of the Court shall enter Judgment for Defendants and against the Plaintiff, pursuant to this Court's Order (Doc. 112). Signed by Senior Judge David C Bury on 8/27/2019. (MCO)
August 16, 2019 Opinion or Order Filing 116 ORDER that the Motion of Extension of Time (Doc. 113 ) is GRANTED for 14 days from the filing date of this Order for Plaintiff to show cause why the unnamed Defendants should not be dismissed from this case for failure to serve and/or prosecute a nd for Plaintiff to file a Motion for Reconsideration. It is further Ordered that NO FURTHER EXTENSIONS OF TIME SHALL BE GRANTED. It is further Ordered that the Motion for Clarification (Doc. 114 ) is GRANTED; the Clerk of the Court shall send Plain tiff all original documents attached to the Sur-Response (Doc. 94 ) and Sealed Lodged Exhibit A (Doc. 98 ). It is further Ordered that the document, Notice of Submission of Declaration in Support of Plaintiff's Sur-Reply/Motion to Seal, re viewed ex parte, SHALL BE FILED UNDER SEAL, with Defense Counsel directed to not disclose it or any information contained therein to the Arizona Department of Corrections (ADC) or any party or non-party to this case. Signed by Senior Judge David C Bury on 8/16/2019. (MFR)
July 8, 2019 Opinion or Order Filing 109 ORDER granting 102 Motion for Clarification on Court's 1/4/2019 Order and to Send Footage to Plaintiff's Legal Counsel; denying 105 Motion to Stay. IT IS FURTHER ORDERED that the 33 Motion for Summary Judgment is taken under advisement. Signed by Senior Judge David C Bury on 7/8/2019. (See attached Order for complete details) (DLC)
June 18, 2019 Opinion or Order Filing 100 ORDER that the Motion to Compel/Stay (Doc. 91 ) is DENIED. It is further Ordered that the Motion for Reconsideration (Doc. 93 ) is DENIED. It is further Ordered that that the Motion to Return Copy of Documents and Originals of Exhibits (Doc. [9 6]) is GRANTED IN PART AND DENIED IN PART, as directed in the order: Defendants shall provide copies to the Plaintiff of all documents filed on 5/31/2019, including legible copies of the exhibit documents. It is further Ordered that the Motion to Seal Document Exhibit A (Doc. 97 ) is GRANTED; the Clerk of the Court shall file the Exhibit (Doc. 98 (lodged) into the record UNDER SEAL (see attached Order for complete details). Signed by Senior Judge David C Bury on 6/17/2019. (MFR)
May 13, 2019 Opinion or Order Filing 85 ORDER that the Motion for Return of Copy of Response (Doc. 78 ) is DENIED AS MOOT. It is further Ordered that the Motion for Electronic Filing (Doc. 81 ) is DENIED; electronic filing is not available at Plaintiff's place of confinement, ASPC Baker Unit. It is further Ordered that the Motion to Seal/Strike (Doc. 82 ) is DENIED, except it is GRANTED IN PART as to Plaintiff's request that the Clerk of the Court shall file UNDER SEAL the exhibits attached to the Defendants' Response to the Plaintiff's Emergency Motion (Doc. 75 -1). Signed by Senior Judge David C Bury on 5/13/2019. (MFR)
March 6, 2019 Opinion or Order Filing 66 ORDER : the Motion for Extension (Doc. 63 ) is DENIED. IT IS FURTHER ORDERED that within five days of the filing date of this Order the Warden in charge of Eyman-Browning shall ensure that for a minimum of three hours per week while on mental healt h watch, the Plaintiff has access to pen and paper, and his legal materials for the purpose of Plaintiff's preparation of his Response to the Motion for Summary Judgment pending in this case. The Plaintiff shall file the Response to the Motio n for Summary Judgment by April 15, 2019. NO FURTHER EXTENSIONS OF TIME SHALL BE GRANTED. Access to pen and paper and his legal materials shall be documented and filed with the Court by the Defendants on April 15, 2019. In the event the Plaintiff do es not file the Response by April 15, 2019, this Court shall rule summarily to resolve the pending Motion for Summary Judgment. IT IS FURTHER ORDERED that the Defendants shall provide the Warden of Eyman-Browning a copy of this Order, and the Warden shall provide a copy of it to the Plaintiff along with the legal materials, herein, ordered to be provided to Plaintiff. Signed by Senior Judge David C Bury on 3/6/2019. (See attached Order for complete information)(DLC)
January 4, 2019 Opinion or Order Filing 58 ORDER that the Emergency Motion for Extension of Time (Doc. 57 ) is GRANTED for 30 days to: February 4, 2019. Signed by Senior Judge David C Bury on 1/3/2019. (see Order for additional details) (SIB)
December 18, 2018 Opinion or Order Filing 55 ORDER that the emergency motions (Docs. 50 and 52 ) are GRANTED IN PART AND DENIED IN PART. Within 3 days of the filing date of this Order the Defendants shall provide proof of access by Plaintiff to the above requested legal materials and receip t of the copy of the Motion for Summary Judgment. The Plaintiff is GRANTED AN EXTENSION OF TIME to file the Response to Defendants' Motion for Summary Judgment. See PDF for complete details. Failure to comply with the directives of this Order may result in sanctions. Signed by Senior Judge David C Bury on 12/17/2018. (SIB)
November 19, 2018 Opinion or Order Filing 46 ORDER denying 45 Motion to Strike. The Plaintiff's Response to Defendants' Motion for Summary Judgment shall be due within 30 days of the filing date of this Order. THERE SHALL BE NO FURTHER EXTENSIONS OF TIME. Failure to file the Response shall be deemed consent to granting the motion and the Court shall summarily rule without a response on the Motion for Summary Judgment. Signed by Senior Judge David C Bury on 11/16/2018. (KEP)
September 13, 2018 Opinion or Order Filing 38 ORDER that the Plaintiff's Motion to Compel access to SSU and STG files (Doc. 30 ) is DENIED. The Plaintiff's Motion for Extension of time to file the Response to Motion for Summary Judgment (Doc. 36 ) is GRANTED. The Plaintiff shall have 30 days from the filing date of this Order to file the Response to the Motion for Summary Judgment. No further extensions of time shall be granted. Signed by Senior Judge David C Bury on 9/11/2018. (SIB)
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Plaintiff: Adrien Joshua Espinoza
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Defendant: Phillip Irby
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Defendant: Unknown Young
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Defendant: Unknown Party
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Defendant: Unknown Josefowitz
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Defendant: Charles L Ryan
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Defendant: Mike Linderman
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