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06-1021 - Roque v. Schriro et al


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06-1021 - Roque v. Schriro et al
September 28, 2007
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ORDER - IT IS ORDERED that the 29 Magistrate Judge's Report and Recommendation is accepted in part and rejected in part; 14 Motion for Leave to File is granted and that the Clerk of the Court shall file and docket the pla's First Amended Complaint (lodged as doc. #15), Pla's 23 Amended Civil Rights Complaint is stricken from the record, Pla's 25 Motion to Add a Dft to Amended Complaint Filed in Count I of Complaint and 26 Motion to Add ADOC and Dft Dora B. Schriro to Count I Excessive Force of Amended Complaint are both denied, with prejudice as to the ADOC and without prejudice as to Dora Schriro, Pla's 30 Motion to Add Dfts to the Amended Complaint and to Correct the Disciplinary Claim on the Amended Complaint is denied without prejudice, 25 Pla's Motion to Seek this Court to Proceed with Case is granted to the extent that the pla's First Amended Complaint is referred to Magistrate Judge Aspey for further proceedings, including screening. Signed by Judge Paul G Rosenblatt on 9/28/07. (SAT)
October 9, 2007
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ORDER (Service Packet)- IT IS ORDERED: Count V and Dfts Imbordino and Maricopa County are dismissed without prejudice. Dft Schriro must answer Counts I and IV, Inman must answer Count II, Neese must answer Counts I, II, and IV, Cook must answer Count II, Clark must answer Count III, and Ontiveros must answer Count IV. The Clerk of Court must send Pla a service packet including the First Amended Complaint (Doc. # 33), this Order, and both summons and request for waiver forms for Dfts Schriro, Inman, Neese, Cook, Clark, and Ontiveros. Pla must complete and return the service packet to the Clerk of Court within 20 days of the date of filing of this Order. Service Packet due by 10/29/2007. If Pla fails to complete service in accordance with this order, the action may be dismissed as to each Dft not served. This matter is referred to Magistrate Judge Mark E. Aspey for further proceedings. Signed by Judge Paul G Rosenblatt on 10/5/07. (SAT)
January 7, 2008
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REPORT AND RECOMMENDATION - IT IS RECOMMENDED THAT Plaintiff's 44 MOTION to amend his complaint be denied. Signed by Magistrate Judge Mark E Aspey on 1/4/08. (SAT)
April 1, 2008
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8.(SAT)ORDER - IT IS ORDERED: The 50 Report and Recommendation of Magistrate Judge Aspey is adopted. Pla's 44 "Combination Motion to Dismiss a Defendant and Motion to Add a Defendant" is denied. Signed by Judge Paul G Rosenblatt on 3/31/0
May 15, 2008
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ORDER denying pla's 70 Objection (Motion for Reconsideration) in its entirety and that portions of Magistrate Judge Aspey's order 65 denying pla's motion to order phone interview 54 and the pla's motion for order of publication of summons for dft Clark 55 are affirmed. FURTHER ORDERED that the US Marshal's Service shall attempt to effectuate personal service on dft T. Clark in accordance with the Court's order 34 entered on 10/9/07. FURTHER ORDERED that the deadline for effectuating service of process on dft T. Clark is extended to 7/15/08. Signed by Judge Paul G Rosenblatt on 5/14/08.(LAD)