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06-1105 - Fabricius v. Maricopa County et al


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06-1105 - Fabricius v. Maricopa County et al
August 9, 2006
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ORDER granting 11 Motion to Proceed In Forma Pauperis. As required by the accompanying Order, Pla must pay the $350 filing fee and is assessed an initial partial filing fee of $48.50 FURTHER ORDERED that Pla has 30 days from the file date of this Order to file a 2nd Amended Complaint. If w/in 30 days the Pla does not file a 2nd Amended Complaint, the Court will screen the 1st Amended Complaint FURTHER ORDERED denying 12 Motion; 13 Motion to Expedite and 14 Motion to Amend FURTHER ORDERED Pla's Motion 9 to Declare Pla "Pro Per" is granted to the extent that the Court acknowledges that Pla has filed his case pro se and is denied in all other respects FURTHER ORDERED Clk of Court shall send Pla a current court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge Mary H Murguia on 8/8/06. (MAP)
September 18, 2006
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ORDER (Service Packet) Dfts Gulickers; Ralph Mangan; Maricopa County Sheriffs Office; Tate; John Doe #A0001 and Eastland are dismissed without prejudice. Counts II, III, IV, V, VI, VIII, and IX of the Complaint are dismissed.The Motion to Join Plaintiff's State Court Complaint With Federal Complaint(Doc. # 20) is denied and the Motion for an Order Allowing Plaintiff to Maintain Possession of Legal Research and Books During Transfer from M.C.S.O. to A.D.O.C. (Doc. #21) is denied. Defendants Maricopa County, Maricopa County Board of Supervisors, Arpaio, Clifton, Blain, Wilder, Dauch, Siebert, Karas, Jane Doe A9279, and Schulz are required to answer Count I and Defendant Jane Doe A3967 is required to answer Count VII. The Clerk shall send Plaintiff a service packet including the Second Amended Complaint (Doc. #19), this Order, and both summons and request for waiver forms for Defendants Maricopa County, Maricopa County Board of Supervisors, Arpaio, Clifton, Blain, Wilder, Dauch, Siebert, Karas, Jane Doe, A9279, Schulz, and Jane Doe A3967. Plaintiff shall 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 10/10/2006. This matter is referred to Magistrate Charles R. Pyle pursuant to Rules 72.1 and72.2 of the Local Rules of Civil Procedure for further proceedings. Judge Charles R Pyle added. Judge Charles R Pyle (PS) no longer assigned to case. Signed by Judge Mary H Murguia on 9/14/06. (KMG, )
May 24, 2007
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ORDER denying Plaintiff's 28 Motion for Reconsideration ; denying without prejudice Plaintiff's 28 Motion for Leave to Amend. Signed by Judge Mary H Murguia on 5/22/07.(REW, )
July 12, 2007
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PARTIALLY VACATED BY ORDER #80 ENTERED 5/7/08 - ORDER ON MOTIONS AND ORDER TO SHOW CAUSE - IT IS ORDERED: (1) The reference to the Magistrate Judge is withdrawn with respect to Defendants'Motion to Dismiss (Doc. #41), Plaintiff's Motions to Amend (Doc. # 46), for Appointment of Counsel (Doc. #48) and to Request Disposition of Previously Filed Motion (Doc. #55). All other matters in this action remain with the Magistrate Judge for disposition as appropriate. Defendants' 43 Motion for Summary Judgment is construed as a Motion to Dismiss. Defendants' 43 Motion to Dismiss is granted in part. The Clerk of Court shall dismiss Count I and Defendants Maricopa County, Maricopa County Board of Supervisors, Sheriff Joseph Arpaio, Lieutenant Blain, Lieutenant Wilder, Sergeant Dauch, Sergeant Karas, Jane Doe A9279, Sergeant Siebert, Captain R. Clifton, and D.O. Shultz without prejudice due to Plaintiff's failure to exhaust his administrative remedies. Defendants' 43 Motion to Dismiss is denied as to Plaintiff's Sergeant Jane Doe A3967 and Count VII. Defendants' 41 Motion to Dismiss Party is denied as unnecessary. Plaintiff's 46 Motion to Amend/Correct and 48 Motion for Appointment of Counsel are denied without prejudice. Plaintiff's 55 Motion to Request Disposition of Previously filed Motion is denied as moot. Within 30 days from the date of this Order Plaintiff must either serve Jane Doe #A3967 with his Complaint or show cause why Jane Doe #A3967 should not be dismissed without prejudice. If, within 30 days from the date of this Order, Plaintiff fails to serve Jane Doe #A3967 or show cause why they should not be dismissed, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice. Signed by Judge Mary H Murguia on 7/10/07.(SAT) Modified on 11/26/2007 TO CORRECT SIGNATURE DATE (REW, ). Modified on 5/7/2008 (REW, ).
May 7, 2008
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ORDER granting Plaintiff's 68 Motion to Alter or Amend Judgment; the Order 58 is vacated to the extent that it denied Defendants' motion to dismiss as unnecessary and to the extent that it dismissed Count I and Defendants Arpiao, Lieutenant Blain, Lieutenant Wilder, Sergeant Dauch, Sergeant Karas, Jane Doe A9279, Sergeant Siebert, Captain R Clifton, D.O. Shultz, Maricopa County, and the Maricopa County Board of Supervisors pursuant to Defendants' motion for summary judgment; the Clerk must reinstate Count I and these Defendants; Defendants' 43 Motion for Summary Judgment, construed as a Motion to Dismiss for failure to exhaust remedies, is denied as to Count I. Defendants' 41 Motion to Dismiss is denied. Signed by Judge Mary H Murguia on 5/2/08.(REW, )