Zaragosa-Solis v. United States Department of Justice et al
Plaintiff: Ernesto Zaragosa-Solis, III
Defendant: United States Department of Justice, Federal Bureau of Prisons, United States and United States of America
Case Number: 4:2024cv00063
Filed: February 5, 2024
Court: US District Court for the District of Arizona
Presiding Judge: Pro Se (Tucson)
Referring Judge: John C Hinderaker
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 28 U.S.C. § 1331 Federal Question: Bivens Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2024 Opinion or Order Filing 32 ORDER: IT IS ORDERED, the First Amended Complaint (Doc. #9 -1) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. Failure to comply will result in a judgment of dismissal of this action, with prejudice that states that the dismissal may count as a "strike" under 28 USC 1915(g)and denial of any pending unrelated motions as moot. Plaintiff's Emergency #26 Motion is DENIED. Clerk must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge John C Hinderaker on 4/1/24. (BAC)
March 28, 2024 Opinion or Order Filing 31 ORDER: IT IS ORDERED, the portion of the 3/12/24 #25 Order permitting Defendants to renew their dispositive motions within 30 days is vacated. The Court will screen the First Amended Complaint and address Plaintiff's Emergency Motion in due course. Signed by Judge John C Hinderaker on 3/27/24. (BAC)
March 27, 2024 Filing 30 SEALED RESPONSE to Motion re: #26 SEALED MOTION for Preliminary Injunction SEALED MOTION for Temporary Restraining Order SEALED MOTION to Appoint Counsel by Federal Bureau of Prisons. (Attachments: #1 Exhibit A, #2 Attachment 1-11)(KAH)
March 27, 2024 Opinion or Order Filing 29 ORDER granting #28 MOTION to Seal Document #27 Sealed Lodged Proposed Document. Signed by Judge John C Hinderaker on 3/27/24. (cc: Plaintiff Zaragosa-Solis, Atty Sarah Letzkus) (KAH)
March 27, 2024 Filing 28 MOTION to Seal Document #27 Sealed Lodged Proposed Document, by Federal Bureau of Prisons. (Attachments: #1 Proposed Order)(Letzkus, Sarah)
March 26, 2024 Filing 27 FILED at (Doc. #30 ) SEALED LODGED Proposed re: #26 SEALED MOTION for Preliminary Injunction SEALED MOTION for Temporary Restraining Order SEALED MOTION to Appoint Counsel. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Bureau of Prisons. (Attachments: #1 Exhibit A, #2 Attachment 1 - 11)(Letzkus, Sarah) Modified on 3/27/2024 (KAH).
March 12, 2024 Filing 26 SEALED EMERGENCY MOTION for Preliminary Injunction, Temporary Restraining Order, Appointed Counsel by Ernesto Zaragosa-Solis, III. (67 pages) (KAH)
March 12, 2024 Opinion or Order Filing 25 ORDER granting in part and denying in part #10 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL; denying as moot #17 Motion Access to Sealed Docket Entry. The Clerk of Court must file, under seal, the lodged proposed Emergency Motion. No later than 30 days of the filing date of this Order, Defendants may renew their Motion to Dismiss and/or Motion for Summary for Summary Judgment. Signed by Judge John C Hinderaker on 3/11/24. (KAH)
March 8, 2024 Filing 24 NOTICE OF ATTORNEY APPEARANCE: Sarah S. Letzkus appearing for Federal Bureau of Prisons, United States Department of Justice, United States of America. . (Letzkus, Sarah)
February 6, 2024 Filing 23 NOTICE to the District of Columbia advising of receipt of 1:23-cv-01423, case transferred. (BAC)
February 5, 2024 Filing 22 NOTICE OF ASSIGNMENT (BAC)
February 5, 2024 Filing 21 CASE TRANSFERRED IN from District of District of Columbia; Case Number 1:23-cv-01423 . Original file certified copy of transfer order and docket sheet received
February 1, 2024 Opinion or Order Filing 20 ORDER denying as moot #7 Plaintiff's Motion to Appoint Counsel; granting #18 Defendant's Motion to Transfer Case; denying without prejudice the remaining parts of Defendant's motion #18 ; and transferring the case forthwith to the U.S. District Court for the District of Arizona (see document for details). Signed by Judge Rudolph Contreras on 2/1/2024. (psu1) [Transferred from dcd on 2/5/2024.]
November 21, 2023 Opinion or Order Filing 19 FOX/NEAL ORDER advising Plaintiff to respond by December 21, 2023 to #18 Defendants' partial motion to dismiss, partial motion for summary judgment, motion to transfer, and motion to hold in abeyance or the Court may deem the matter conceded. See document for details. Signed by Judge Rudolph Contreras on 11/21/2023. (lcrc1) [Transferred from dcd on 2/5/2024.]
November 20, 2023 Filing 18 MOTION to Dismiss in part, MOTION to Hold in Abeyance re #1 Complaint, Order on Motion for Leave to File, , MOTION for Summary Judgment in part, MOTION to Transfer Case in part by U.S. DEPARTMENT OF JUSTICE. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration, #4 Exhibit, #5 Text of Proposed Order, #6 Certificate of Service)(Eckrote, Kaitlin) [Transferred from dcd on 2/5/2024.]
October 27, 2023 Filing 17 MOTION Access to Sealed Docket Entry re #10 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ERNESTO ZARAGOSA-SOLIS, III. (This document is SEALED and only available to authorized persons.) by U.S. DEPARTMENT OF JUSTICE. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(Eckrote, Kaitlin) [Transferred from dcd on 2/5/2024.]
October 23, 2023 Filing 16 NOTICE of Change of Address by ERNESTO ZARAGOSA-SOLIS, III. (ztth) [Transferred from dcd on 2/5/2024.]
October 18, 2023 Opinion or Order MINUTE ORDER: It is hereby ORDERED that #12 and #15 Defendant's motions for extension of time are GRANTED, nunc pro tunc. It is FURTHER ORDERED that Defendant shall file its response to Plaintiff's amended complaint on or before November 20, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 10/18/2023. (lcrc1) [Transferred from dcd on 2/5/2024.]
October 17, 2023 Filing 15 MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(Eckrote, Kaitlin) [Transferred from dcd on 2/5/2024.]
October 17, 2023 Filing 14 NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney John C. Truong (Eckrote, Kaitlin) [Transferred from dcd on 2/5/2024.]
October 3, 2023 Filing 13 NOTICE of Change of Address by ERNESTO ZARAGOSA-SOLIS, III. (ztth) [Transferred from dcd on 2/5/2024.]
September 22, 2023 Filing 12 MOTION for Extension of Time to Respond to First Amended Complaint Nunc Pro Tunc by U.S. DEPARTMENT OF JUSTICE. (Truong, John) [Transferred from dcd on 2/5/2024.]
August 21, 2023 Opinion or Order MINUTE ORDER granting #11 Defendant's Motion for Extension of Time: It is hereby ORDERED that Defendant's Answer or other response to Plaintiff's Amended Complaint is due on or before September 20, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 8/21/2023. (lcrc1) [Transferred from dcd on 2/5/2024.]
August 18, 2023 Filing 11 MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by U.S. DEPARTMENT OF JUSTICE. (Debrason, B.) [Transferred from dcd on 2/5/2024.]
August 7, 2023 Filing 10 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ERNESTO ZARAGOSA-SOLIS, III. (This document is SEALED and only available to authorized persons.) (Attachment: #1 Exhibit - Motion)(ztth) [Transferred from dcd on 2/5/2024.]
August 3, 2023 Opinion or Order MINUTE ORDER granting #9 Motion for Leave to File Amended Complaint: It is hereby ORDERED that Plaintiff shall have leave to file an amended complaint. It is FURTHER ORDERED that Plaintiff's Amended Complaint (ECF No. 9-1) shall be DEEMED FILED. SO ORDERED. Signed by Judge Rudolph Contreras on 8/3/2023. (lcrc1) [Transferred from dcd on 2/5/2024.]
July 31, 2023 Filing 9 MOTION for Leave to File Amended Complaint by ERNESTO ZARAGOSA-SOLIS, III. (Attachment: #1 Amended Complaint)(zjm) [Transferred from dcd on 2/5/2024.]
July 21, 2023 Opinion or Order MINUTE ORDER granting #8 Defendant's Motion for Extension of Time to Respond to Complaint: It is hereby ORDERED that Defendant shall respond to the Complaint on or before August 21, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7-21-2023. (lcrc3) [Transferred from dcd on 2/5/2024.]
July 20, 2023 Filing 8 MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF JUSTICE. (Debrason, B. Kathryn) [Transferred from dcd on 2/5/2024.]
July 11, 2023 Filing 6 NOTICE of Appearance by B. Kathryn Debrason on behalf of U.S. DEPARTMENT OF JUSTICE (Debrason, B. Kathryn) [Transferred from dcd on 2/5/2024.]
July 9, 2023 Filing 7 MOTION to Appoint Counsel by ERNESTO ZARAGOSA-SOLIS, III. (Attachment: #1 Declaration)(ztth) [Transferred from dcd on 2/5/2024.]
June 21, 2023 Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/21/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 7/21/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/21/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/21/2023. (ztth) [Transferred from dcd on 2/5/2024.]
June 15, 2023 Filing 4 SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service. (zcb) [Transferred from dcd on 2/5/2024.]
June 6, 2023 Opinion or Order Filing 3 ORDER directing an initial partial filing fee in the amount of $15.00 from Prison Account of ERNESTO ZARAGOSA-SOLIS, III, and granting #2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Dabney L. Friedrich on 06/06/2023. (zcb) [Transferred from dcd on 2/5/2024.]
May 15, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis by ERNESTO ZARAGOSA-SOLIS, III. (zcb) [Transferred from dcd on 2/5/2024.]
May 15, 2023 Filing 1 COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by ERNESTO ZARAGOSA-SOLIS, III.(zcb) [Transferred from dcd on 2/5/2024.]

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Search for this case: Zaragosa-Solis v. United States Department of Justice et al
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Plaintiff: Ernesto Zaragosa-Solis, III
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Defendant: United States Department of Justice
Represented By: B. Kathryn Debrason
Represented By: Kaitlin Kerry Eckrote
Represented By: John Cuong Truong
Represented By: Sarah Suzanne Letzkus
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Defendant: Federal Bureau of Prisons
Represented By: John Cuong Truong
Represented By: B. Kathryn Debrason
Represented By: Kaitlin Kerry Eckrote
Represented By: Sarah Suzanne Letzkus
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Defendant: United States
Represented By: B. Kathryn Debrason
Represented By: Kaitlin Kerry Eckrote
Represented By: John Cuong Truong
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Defendant: United States of America
Represented By: B. Kathryn Debrason
Represented By: Kaitlin Kerry Eckrote
Represented By: Sarah Suzanne Letzkus
Represented By: John Cuong Truong
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