Melinda Valenzuela v. Jason Monson, et al
KABONGO, GALVAN, VELASQUEZ, POWELL, A. PELTON, SPENCER SEGO, KOLBY KELLY, ORDAZ, D. BRESLIN, S. ANDERSEN, JEFFREY VAN WINKLE, CONNOLLY, GABRIELLE CASTRO, MARTIN ANGELES, CAMP, LYNN CALCOTE, JASON MONSON, NICOLE TAYLOR, MOSES, GARCIA, LEVOS, ANTHONY COLEMAN, AMY BARNES, LEYVA, ROMO, RONALDO EVANS, AMEZQUITA, ADAM PERKINS, F. MORRIS, BLAKE JENSEN, CURRIER, E. ABLE, GURROLA, HAMILTON, SANCHEZ, JOSHUA SUCKLE, VALLES, LOPEZ, RUBRO, DON RENAULT, ROBERT HETRICK, TRINA RANDALL, CESEAR CHAVEZ, REYES, CONRADO ALVAREZ, MEDLEY, JONES, DAWS, HERRERA, KING, CHARLES L. RYAN, PASCARELLI, MILLER, MORENO, JOHNNY VALLES, DAVID ROBERTSON, HARRIS, HEBERT, CHRISTINA ANDRE, STEWART, DAVIS, K. CURRAN, UNKNOWN PARTY, SARA REPP, A. TRUJILLO, CUEN, POTEGER, PIZANO, MENDEZ, GOODMAN, LEWIS, CASTILLO, B. MONTGOMERY and RODRIGUEZ |
MELINDA GABRIELLA VALENZUELA |
20-16150 |
June 12, 2020 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on July 23, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 3 Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and CONSUELO M. CALLAHAN) This court has reviewed the notice of appeal filed June 9, 2020 in the above-referenced district court docket pursuant to the pre-filing review order entered in docket No. 04-80002. Because this court lacks jurisdiction over this appeal, it shall not be permitted to proceed. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable); see also In re Thomas, 508 F.3d 1225 (9th Cir. 2007). Appeal No. 20-16150 is therefore dismissed. This order, served on the district court for the District of Arizona, shall constitute the mandate of this court. No motions for reconsideration, rehearing, clarification, stay of the mandate, or any other submissions shall be filed or entertained. DISMISSED. [11763981] (OC) [Entered: 07/23/2020 02:42 PM] |
Filing 2 Received copy of District Court order filed on 06/29/2020 ORDER. IT IS ORDERED: (1) Plaintiffs Motion to Seal Grievances (Doc. 50) is granted. The Clerk of Court must file the lodged Exhibits (Doc. 51). (2) Defendants Monson, Evans, Jensen, and Coleman must answer Count One, as described above. (3) All remaining Defendants are dismissed without prejudice. (4) The sexual assault claims in Count One, and Counts Two and Three of the Third Amended Complaint are dismissed without prejudice. (5) Plaintiffs Motion for Leave to File Injunction (Doc. 46) is granted. The Clerk of Court must file lodged Motion for Injunction (Doc. 47). (6) Within 21 days of being served with the Third Amended Complaint and Motion for Injunction, Defendants must file a response to Plaintiffs Motion for Injunction. Plaintiff may file a reply within 10 days of Defendants response. (7) The Clerk of Court must send Plaintiff a service packet including the Third Amended Complaint (Doc. 45), this Order, the Motion for Injunction (Doc. 47), and both summons and request for waiver forms for Defendants Monson, Evans, Jensen, and Coleman. (8) Plaintiff must complete1 and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. (9) If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Third Amended Complaint on a Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii). (10) The United States Marshal must retain the Summons, a copy of the Third Amended Complaint, a copy of the Motion for Injunction, and a copy of this Order for future use. (11) The United States Marshal must notify Defendants of the commencement of this action and request waiver of service of the summons pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. The notice to Defendants must include a copy of this Order. (12) A Defendant who agrees to waive service of the Summons and Third Amended Complaint must return the signed waiver forms to the United States Marshal, not the Plaintiff, within 30 days of the date of the notice and request for waiver of service pursuant to Federal Rule of Civil Procedure 4(d)(1)(F) to avoid being charged the cost of personal service. (13) The Marshal must immediately file signed waivers of service of the summons. If a waiver of service of summons is returned as undeliverable or is not returned by a Defendant within 30 days from the date the request for waiver was sent by the Marshal, the Marshal must: (a) personally serve copies of the Summons, Third Amended Complaint, Motion for Injunction, and this Order upon Defendant pursuant to Rule 4(e)(2) of the Federal Rules of Civil Procedure; and (b) within 10 days after personal service is effected, file the return of service for Defendant, along with evidence of the attempt to secure a waiver of service of the summons and of the costs subsequently incurred in effecting service upon Defendant. The costs of service must be enumerated on the return of service form (USM-285) and must include the costs incurred by the Marshal for photocopying additional copies of the Summons, Third Amended Complaint, Motion for Injunction, or this Order and for preparing new process receipt and return forms (USM-285), if required. Costs of service will be taxed against the personally served Defendant pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. (14) Defendants Monson, Evans, Jensen, and Coleman must answer the Third Amended Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. (15) Any answer or response must state the specific Defendant by name on whose behalf it is filed. The Court may strike any answer, response, or other motion or paper that does not identify the specific Defendant by name on whose behalf it is filed. (16) This matter is referred to Magistrate Judge Michelle H. Burns pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. 636(b)(1). (17) The Clerk of Court must forward a copy of this Order to the Ninth Circuit Court of Appeals and must indicate that this Order relates to the Ninth Circuit Court of Appeals docket number 20-16150. [11745161] (RL) [Entered: 07/07/2020 04:45 PM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. This appeal is subject to a pre-filing review order in case number 04-80002. The appeal will be reviewed by the Court to determine whether it will be allowed to proceed. No briefing schedule will be set until/unless the Court determines that the appeal should be allowed to proceed. [11719737] (RT) [Entered: 06/12/2020 09:09 AM] |
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