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05-2073 - Wittkamper v. Arpaio


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05-2073 - Wittkamper v. Arpaio
May 4, 2006
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ORDER (Service Packet) - IT IS THEREFORE ORDERED: Plaintiff's "Application to Proceed In Forma Pauperis By A Prisoner Civil (Non-Habeas)" filed with the Complaint is GRANTED. Plaintiff is OBLIGATED to pay the statutory filing fee of two hundred fifty dollars ($250.00) for this action. Plaintiff is ASSESSED an initial partial filing fee of fifteen dollars and forty-one cents ($15.41). Defendant Joseph Arpaio is REQUIRED TO FILE an Answer to the "Civil Rights Complaint By A Prisoner" (Document #1)(Complaint). That the Clerk of the Court is DIRECTED to send Plaintiff a service packet including a copy of this Order, a copy of the Complaint, and both summons and request for waiver forms for Defendant Joseph Arpaio. Plaintiff SHALL COMPLETE AND RETURN the service packet to the Clerk of the Court within twenty (20) days of the date of filing of this Order. Service Packet due by 5/24/2006. That Defendant Joseph Arpaio SHALL ANSWER the 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. This matter is referred to Magistrate Judge Virginia A. Mathis pursuant to LRCiv 72.1 and 72.2 for further proceedings. Signed by Judge Mary H Murguia on 4/26/06. (SAT)
February 15, 2007
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ORDER that Defendant's Motion to Dismiss 10 is granted, and Count I is dismissed without prejudice. This action will continue with respect to Count II. Signed by Judge Mary H Murguia on 2/12/07.(KMG)
May 6, 2008
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ORDER - IT IS ORDERED: Dft's 45 Motion for Summary Judgment is granted in part and denied in part. Pla may not seek damages premised on emotional injury. Pla's claim for declarative, compensatory, and punitive damages based on alleged violations of his constitutional rights may proceed. This case will proceed to trial barring either party's motion for leave to file an untimely dispositive motion. Signed by Judge Mary H Murguia on 5/2/08. (SAT)