Aguilar et al v. Gutierrez
Plaintiff: Oscar Contreras Aguilar and Dominic Xavier McDonald
Defendant: M Gutierrez
Case Number: 4:2023cv00574
Filed: December 26, 2023
Court: US District Court for the District of Arizona
Presiding Judge: Pro Se (Tucson)
Referring Judge: Scott H Rash
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2024 Filing 8 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed January 23, 2024, judgment of dismissal is entered. Plaintiff to take nothing, and the complaint and action are dismissed without prejudice. (MYE)
January 23, 2024 Opinion or Order Filing 7 ORDER: 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 rulings in this Order shall apply in each new case. All further pleadings, motions, or other papers submitted for filing by an individual Plaintiff in his or her separate case must be signed by the individual Plaintiff, or they will be stricken. Within 30 days, each Plaintiff must, in his or her individual case, not in this case, either pay the $350.00 filing fee and $55.00 administrative fee or file a complete Application to Proceed In Forma Pauperis. If a Plaintiff fails to either pay the $350.00 filing fee and $55.00 administrative fee or file a complete Application to Proceed In Forma Pauperis in his or her new case within 30 days, the Clerk of Court must enter a judgment of dismissal of his or her action without prejudice and without further notice and deny any pending unrelated motions as moot. The Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. The Motion to Proceed In Forma Pauperis (Doc. #2 ), Emergency Motion for Preliminary Injunction (Doc. #3 ), Emergency Motion for an Order Directing Defendant to Preserve Certain Surveillance Footage/Videos (Doc. #5 ), and Emergency Motion for Temporary Restraining Order (Doc. #6 ) are DENIED WITHOUT PREJUDICE. Each Plaintiff has 30 days to file a first amended complaint in his or her individual case, not in this case, asserting only his or her own claims for relief. If a Plaintiff fails to file a first amended complaint in his or her 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-23-00574-TUC-SHR) and enter judgment accordingly. Signed by Judge Scott H Rash on 1/23/24. (See attached Order for complete details.) (MYE)
January 16, 2024 Filing 6 Emergency MOTION for a Temporary Restraining Order by Oscar Contreras Aguilar. (6 pages) (Attachments: #1 Exhibit A)(MYE)
January 10, 2024 Filing 5 Emergency MOTION for an Order Directing Defendant to Preserve Certain Surveillance Footage/Videos by Oscar Contreras Aguilar. (3 pages) (MYE)
December 26, 2023 Filing 4 NOTICE OF ASSIGNMENT (SCA)
December 26, 2023 Filing 3 Emergency MOTION for Preliminary Injunction by Oscar Contreras Aguilar, Dominic Xavier McDonald. (4 pages) (SCA)
December 26, 2023 Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Oscar Contreras Aguilar, Dominic Xavier McDonald. (4 pages) (SCA)
December 26, 2023 Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Oscar Contreras Aguilar, Dominic Xavier McDonald. (8 pages) (Attachments: #1 Envelope)(SCA)

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Plaintiff: Oscar Contreras Aguilar
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Plaintiff: Dominic Xavier McDonald
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Defendant: M Gutierrez
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