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06-1457 - Nester v. Arpaio et al


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06-1457 - Nester v. Arpaio et al
November 3, 2006
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ORDER - IT IS ORDERED: Plaintiff's Application to Proceed In Forma Pauperis, filed with the Complaint, is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350 filing fee and is assessed no initial partial filing fee. The Complaint (Doc. #1) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal counts as a "strike" under 28 USC 1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. That Plaintiff's 4 Motion to Subpoena Health Records; 5 Motion to Obtain Medical Records and 6 Motion For Ordering Jail to Release In-Custody Records are denied without prejudice, with leave to re-file, upon the filing of an Amended Complaint, as directed by this order . Signed by Judge Stephen M McNamee on 11/2/06. (SAT)
November 3, 2006
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ORDER FOR PAYMENT OF INMATE FILING FEE Directing Monthly Payments be made from Prison Account of Oscar McCoy Nester Jr. IT IS ORDERED: The Maricopa County Sheriff or his designee must collect the $350.00 filing fee from Plaintiff's trust account in monthly payments of 20 % of the preceding month's income credited to the account. Payments must be forwarded to the Clerk of Court each time the amount in the account exceeds $10.00. The Clerk of Court must serve by mail a copy of this Order on Maricopa County Sheriff's Office Inmate Legal Services, 201 S Fourth Avenue, Phoenix, AZ 85003. The Clerk of Court must serve by mail a copy of this Order on Richard Stewart, Lead Counsel, Litigation Section, Maricopa County Attorney's Office, Division of County Counsel, 222 N Central Avenue, Suite 1100, Phoenix, AZ 85004. The Clerk of Court must forward a copy of this Order to Financial Administration for the Phoenix Division of the US District Court for the District of Arizona. Signed by Judge Stephen M McNamee on 11/2/06. (SAT)
January 9, 2007
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ORDER denying 10 Motion for Extension of Time; denying 11 Motion to Appoint Counsel ; denying 12 Motion to suspend filing fees. Dfts Maricopa County Sheriff's Office and Correctional Health Services are dismissed from this action. The Clerk must send Pla a service packet for Dft Arpaio. Pla must complete and return the service packet to the Clerk within 20 days of the date of filing this order. This matter is referred to Magistrate Judge Glenda E. Edmonds for further proceedings. Signed by Judge Stephen M McNamee on 01/08/07.(DNH, )
April 11, 2008
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ORDER that the reference of this case to the magistrate judge is withdrawn as to Dft's 67 MOTION for Summary Judgment. All other matters in this action shall remain with the magistrate judge for disposition as appropriate. Signed by Judge Stephen M McNamee on 04/10/08. (ESL, )
August 7, 2008
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ORDER Plaintiffs Second Amended Complaint 53 is stricken FURTHER ORDERED Plaintiff request for a Rule 56(f) stay (within 73 is denied FURTHER ORDERED denying without prejudice 67 Motion for Summary Judgment FURTHER ORDERED Defendant may file a new summary judgment motion within 30 days from the dateof this Order. Signed by Judge Stephen M McNamee on 8/7/08.(MAP)