Kirby et al v. Shinn et al
| Christopher J Kirby, Michael Davison, Jeremy Bertrand, Roque Eliseo, David Szymanski, Jose Rodriguez, Marvin Potts, Musaibli Abdullah and Willie Johnson |
| David Shinn, Unknown Pacheco, Unknown Schwestack, Unknown Wood, Unknown Monroy, Unknown Geisa, Unknown Encinas, L Armenta, Centurion, Wendy Orm, Ferguson Alica, Unknown Young and Unknown Hand |
| 4:2021cv00360 |
| September 10, 2021 |
| US District Court for the District of Arizona |
| Pro Se (Tucson) |
| Jennifer G Zipps |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed October 5, 2021, judgment of dismissal is entered. Plaintiffs to take nothing, and the complaint and action are dismissed.(ARC) |
Filing 11
ORDERED: Plaintiff Kirby's Motion Requesting a Certificate of Class Action (Doc. #3 ), including the request for counsel, is denied. This case is severed into individual actions, one for each named Plaintiff. The Clerk of Court must assign a new case number to each new individual action. The Clerk of Court must file a copy of the Complaint (Doc. #1 ) and this Order in each new case. The rulings in this Order shall apply in each new case. The Clerk of Court must file a copy of Plaintiff Kirby's Application to Proceed In Forma Pauperis (Doc. #4 ) in Plaintiff Kirby's new case. Plaintiff's Kirby's Application to Proceed In Forma Pauperis (Doc. #4 ) is denied without prejudice. The individual Plaintiffs must proceed independently from this point 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, each Plaintiff, in his individual case, not in this case, must either pay the $350.00 filing fee and $52.00 administrative fee or file, in his new individual action, a complete Application to Proceed In Forma Pauperis. If a 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 in his new case within 30 days, the Clerk of Court must enter a judgment of dismissal of his action without prejudice and without further notice and deny any pending unrelated motions as moot. The Complaint (Doc. #1 ) is dismissed without prejudice. Each Plaintiff has 30 days to file an amended complaint in his individual case, not in this case, asserting only his claims. If a Plaintiff fails to file an amended complaint in his individual case within 30 days, the Clerk of Court must enter a judgment of dismissal of that action without prejudice and without further notice and deny any pending unrelated motions as moot. The Clerk of Court must close this case (CV 21-00360-TUC-JGZ) and enter judgment accordingly. The Clerk of Court must send each Plaintiff a (1) court-approved form for filing a civil rights complaint by a prisoner, (2) a court-approved form for filing an Application to Proceed In Forma Pauperis, and (3) a copy of the Complaint. Because the address of the Arizona State Prison Complex-Tucson's Rincon Unit is the only address provided to the Court for the Plaintiffs, the Clerk of Court is directed to use this address as the mailing address for each Plaintiff when sending a copy of this Order and the case-opening paperwork in the new actions. Signed by Judge Jennifer G Zipps on 10/4/2021. (ARC)
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| Filing 10 NOTICE OF ASSIGNMENT (BAC) |
| Filing 9 Attachment to include case number to Main Document re: #4 APPLICATION for Leave to Proceed In Forma Pauperis. (BAC) |
| Filing 8 Attachment to include case number to Main Document re: #3 MOTION to Certify Class. (BAC) |
| Filing 7 Attachment to include case number to Main Document re: #2 Declaration. (BAC) |
| Filing 6 Attachment to include case number to Main Document re: #1 Complaint. (BAC) |
| Filing 5 Prisoner Trust Fund Account Statement by Christopher J Kirby. (4 pages) (BAC) (Additional attachment(s) added on 9/10/2021: #1 Attachment to include case number) (BAC). |
| Filing 4 APPLICATION for Leave to Proceed In Forma Pauperis by Christopher J Kirby. (2 pages) (BAC) |
| Filing 3 MOTION Requesting a Certificate of Class Action by Christopher J Kirby. (2 pages) (BAC) |
| Filing 2 DECLARATION of 9/10/21 by Plaintiff Christopher J Kirby. (2 pages) (BAC) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Marvin Potts, Michael Davison, Christopher J Kirby, Jose Rodriguez, Jeremy Bertrand, Willie Johnson, Musaibli Abdullah, Roque Eliseo, David Szymanski. (25 pages) (Attachments: #1 Envelope)(BAC) |
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