Aguilar v. Peters et al
| Oscar Contreras Aguilar |
| Colette S Peters, Merrick Garland, M Gutierrez, Muhammad Zantout, Unknown Marlow, Nelson Hernandez, R Fragoso and United States of America |
| Omar Loya, Robert Velez and Orlando Serrano Ramos |
| 4:2023cv00268 |
| June 12, 2023 |
| US District Court for the District of Arizona |
| Pro Se (Tucson) |
| Scott H Rash |
| Prisoner: Prison Condition |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 MOTION for Miscellaneous Relief or Appropriate Action/Intervention by Oscar Contreras Aguilar. (6 pages) (Attachments: #1 Exhibit, #2 Exhibit)(MCO) |
Filing 22
ORDER The United States must include a discussion of Plaintiff's Notice (Doc. 20) in its response to the Motion for Preliminary Injunction, as set forth herein. The Clerk of Court must email a copy of this Order to Tucson Civil Section Chief Assistant United States Attorney Melissa A. Kroeger at melissa.kroeger@usdoj.gov. Signed by Judge Scott H Rash on 8/3/2023. (MCO)
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| Filing 21 MOTION to Dismiss Party United States of America (Titled as: Motion for Partial Dismissal w/o Prejudice) by Oscar Contreras Aguilar. (2 pages) (MCO) |
| Filing 20 NOTICE re: Solitary Confinement (SHU) by Oscar Contreras Aguilar. (1 page) (MCO) |
| Filing 19 SERVICE EXECUTED : Certified Mail Receipt re: PET/SUMS/ORD(15)/Doc.(6) upon AUSA - Civil Process Clerk on 7/28/2023. (MCO) |
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Filing 18
ORDER that the Motions to Intervene (Docs. #9 , #11 , and #13 ) and Applications to Proceed In Forma Pauperis (Docs. #10 , #12 , and #14 ) are DENIED AS MOOT. Signed by Judge Scott H Rash on 7/31/2023. (MCO)
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| Filing 17 NOTICE re: re: Prison Conditions by Oscar Contreras Aguilar. (4 pages) (MCO) |
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Filing 15
ORDER Plaintiff's claim pursuant to 28 U.S.C. 2241 (Count One) is severed from this action. The Clerk of Court must open a new case and file a copy of the Complaint (Doc. 1) and this Order in the new case. The rulings in this Order shall apply in the new case. Plaintiff's "Request to Proceed In Forma Pauperis" (Doc. [2)] is DENIED. 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 comply, 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. Count One is DISMISSED without prejudice from this action. Count Two is construed to also include a claim for injunctive relief pursuant to 28 U.S.C. 1331, and is DISMISSED only to the extent Plaintiff seeks relief pursuant to Bivens. All Defendants EXCEPT the United States are DISMISSED without prejudice from this action. If Plaintiff attempts to amend to address the shortcomings identified in this Order, the amended complaint must be retyped or rewritten in its entirety.Defendant United States must answer Counts Two and Three, as set forth herein (see Part IV, construing Count Two as including a claim for injunctive relief pursuant to 28 U.S.C. 1331). The Clerk of Court must prepare a summons for Defendant United States. The Clerk of Court must send by certified mail a copy of the summons, Complaint (Doc. 1), the Motion for Preliminary Injunction (Doc. 6), and this Order to (1) the civil process clerk at the office of the United States Attorney for the District of Arizona and (2) the Attorney General of the United States, pursuant to Rule 4(i)(1) of the Federal Rules of Civil Procedure. Plaintiff's Motion For Preliminary Injunction and Temporary Restraining Order is DENIED only to the extent Plaintiff seeks a temporary restraining order. Defendant United States must respond to the Motion for Preliminary Injunction within 15 days from the date of service. Plaintiff may file a reply within 10 days of Defendant's response. Plaintiff's "Motion for Prohibitory Order" (Doc. #3 ) is DENIED. Plaintiff's "Motion to Expedite This Action/Matter" (Doc. [4)] is GRANTED only to the extent Plaintiff seeks expedited consideration of her Motion for Preliminary Injunction, and is DENIED to the extent she seeks any other relief. The Clerk of Court must mail Plaintiff the current court-approved form for an Application to Proceed In Forma Pauperis (Non-Habeas). Signed by Judge Scott H Rash on 7/24/2023. (MCO)
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| Filing 14 APPLICATION for Leave to Proceed In Forma Pauperis by Orlando Serrano Ramos. (2 pages) (JAM) |
| Filing 13 MOTION to Intervene by Orlando Serrano Ramos. (4 pages) (Attachments: #1 Consent to Collection of Fees, #2 Envelope)(JAM) |
| Filing 12 APPLICATION for Leave to Proceed In Forma Pauperis by Robert Velez. (2 pages) (JAM) |
| Filing 11 MOTION to Intervene by Robert Velez. (4 pages) (Attachments: #1 Consent to Collection of Fees, #2 Envelope)(JAM) |
| Filing 10 APPLICATION for Leave to Proceed In Forma Pauperis by Omar Loya. (2 pages) (JAM) |
| Filing 9 MOTION to Intervene by Omar Loya. (4 pages) (Attachments: #1 Consent to Collection of Fees, #2 Envelope)(JAM) |
| Filing 8 NOTICE TO THE COURT by Oscar Contreras Aguilar. (3 pages) (Attachments: #1 Consent to Collection of Fees)(JAM) |
| Filing 7 NOTICE re: Prison Conditions by Oscar Contreras Aguilar. (1 page) (MCO) |
| Filing 6 Emergency MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Oscar Contreras Aguilar. (16 pages) (Attachments: #1 Exhibit)(JAM) |
| Filing 5 NOTICE OF ASSIGNMENT (MYE) |
| Filing 4 MOTION to Expedite This Action/Matter by Oscar Contreras Aguilar. (2 pages) (MYE) |
| Filing 3 MOTION for a Prohibitory Order by Oscar Contreras Aguilar. (3 pages) (Attachments: #1 Exhibit)(MYE) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Oscar Contreras Aguilar. (1 page) (MYE) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Oscar Contreras Aguilar. (53 pages) (Attachments: #1 Exhibit, #2 Envelope)(MYE) |
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