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07-353 - Baker v. Schriro et al


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07-353 - Baker v. Schriro et al
March 23, 2007
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3/20/07. (KMG)ORDER (Service Packet) Pla's Application to Proceed In Forma Pauperis, filed with the Complaint, is granted. As required by the accompanying Order to the appropriate government agency, Pla must pay the $350.00 filing fee and is assessed an initial partial filing fee of $14.73. Counts II, III, and IV of the Complaint and Defendants Diana Bullock; Clemente; Hanley; Daryl Johnson; Jones; Huey Morris; Patrick Pogue; Primmer; Ramkus; Ruboyianes; Sedillo; Sipe; Statler; Uehling; Robert Waldron; Walters; Warner; Winkler; Woolsey; Brier; Brown and all Doe Dfts are dismissed without prejudice. Defendants Schriro, Trujillo, McMacken, McFarland, Elliot, Yates, Malone, Frowner, Ramsey, Management and Training Corporation, Toersbijn, and Martinez must answer Count I of the Complaint. The Clerk of Court must send Plaintiff a service packet including the Complaint 1, this Order, and both summons and request for waiver forms for Defendants Schriro, Trujillo, McMacken, McFarland, Elliot, Yates, Malone, Frowner, Ramsey, Management and Training Corporation, Toersbijn, and Martinez. Plaintiff must complete and return the service packet to the Clerk of Court within 20 days of the date of filing of this Order. This matter is referred to Magistrate Judge Jay Irwin pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings. Plaintiff's 2/16/07 Motion for Appointment of Counsel, filed with the Complaint, is denied. Plaintiff's 2/16/07 Motion for Preliminary Injunction and Temporary Restraining Order, filed with the Complaint, is denied. Judge Jay R Irwin added. Judge Jay R Irwin (PS) no longer assigned to case. Service Packet due by 4/12/2007. Signed by Judge Stephen M McNamee on
March 23, 2007
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ORDER FOR PAYMENT OF INMATE FILING FEE - Directing Monthly Payments be made from Prison Account of Daniel Lee Barker. Signed by Judge Stephen M McNamee on 3/20/07. (KMG)
May 7, 2007
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REPORT AND RECOMMENDATION re that Pla's Motion to Amend, filed April 13, 2007 5 be Granted. FURTHER RECOMMENDED that Pla's First Amended Complaint 6 be filed and pages 2 and 3 of the Addendum 8 be filed and treated as part of the First Amended Complaint. FURTHER RECOMMENDED that the following Dfts named in theoriginal Complaint, but not the First Amended Complaint, be dismissed: Legal Access Monitor Ramkus, ADOC; Corrections Officer John Doe, Management and Training Corporation; Associate Deputy Warden Regina Martinez, ASPC-Eyman. FURTHER RECOMMENDED pursuant to 28 U.S.C. 1915A, that Count V (Denial of Access) of the First Amended Complaint be dismissed, without prejudice. FURTHER RECOMMENDED pursuant to 28 U.S.C. 1915A, that the following Dfts be dismissed, without prejudice: Corrections Program Officer III McFarland, ASPC-Stiner Unit;Corrections Officer III Brier, ASPC-Stiner; Sedillo, Paralegal, employed either directly or indirectly by ADOC; Correction Officer Jane Doe, ASPC-Stiner; Programs Supervisor Huey Morris, MTC; Corrections Officer IV Brown, MTC; Major Ramsey, MTC; Lieutenant Sipe, MTC; Lieutenant Primmer, MTC; Lieutenant Jones, MTC; Sergeant Jones, MTC; Sergeant Statler, MTC; Corrections Officer Schelsky, MTC; Corrections Officer Winkler, MTC; Corrections Officer Warner, MTC; Corrections Officer Walters, MTC; Corrections Officer Patrick Pogue, ASPC-Eyman ; Corrections Programs Officer Diana Bullock, ASPC-Eyman; Corrections Program Officer III Hanley, ASPC-Eyman; Librarian II Ruboyianes, ASPC-Eyman; Sgt. Uehling, ASPC-Eyman; Corrections Officer II Robert Waldron, ASPC-Eyman;Corrections Officer II Clemente, ASPC-Eyman; Corrections Officer John Doe, ASPC-Eyman; Corrections Program Officer II Woolsey, ADOC; Legal Access Monitor Daryl Johnson, ADOC; Dependable Personnel, Incorporated; Jane/John Does, ARCT Alhambra, Phoenix. FURTHER RECOMMENDED that an answer to the First Amended Complaint be required as follows: 1. an answer to Count I should be required from Dfts Schriro, Trujillo, McMacken, Toersbijns, MTC, Elliott, Yates, Malone, and Frowner; 2. an answer to Count II should be required from Dfts Schriro and MTC. 3. an answer to Count III should be required from Dfts Trujillo, McMacken,Elliott, Yates, Malone, Frowner, and Toersbijns. 4. an answer to Count IV should be required of Dfts Schriro, MTC, Elliott, Yates, Malone, and Frowner.IT IS FURTHER RECOMMENDED that service on Dfts Schriro, Trujillo, McMacken, Toersbijns, MTC, Elliott, Yates, Malone, and Frowner be ordered, and they berequired to respond to the First Amended Complaint by entry of an order that provides as follows: (1) The Clerk shall send Pla a service packet including both summons and request for waiver forms for said Dfts. (2) Pla shall complete and return the service packet to the Clerk within 20 days of the date of the filing of this Order. Signed by Judge Jay R Irwin on 5/4/07. (KMG, )
May 22, 2007
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ORDER that the reference of this case to the magistrate judge is withdrawn as to Pla's Amended Motion for Preliminary Injunction, Temporary Restraining Order, and Three Judge Court, filed April 26, 2007. All other matters in this action shall remain with the magistrate judge for disposition as appropriate. Motions No Longer Referred: 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION for Three Judge Court. Signed by Judge Stephen M McNamee on 5/22/07. (KMG)
June 8, 2007
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ORDER ADOPTING REPORT AND RECOMMENDATION 12 - that the Court adopts the Report and Recommendation of the Magistrate Judge in its entirety. Signed by Judge Stephen M McNamee on 6/7/07. (KMG)
August 13, 2007
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ORDER Pla's Motion for Preliminary Injunction, Temporary Restraining Order, and Request for a Three Judge Court 9 is DENIED. Signed by Judge Stephen M McNamee on 8/9/07.(KMG)
October 17, 2007
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MEMORANDUM OF DECISION AND ORDER adopting the Report and Recommendation of Magistrate Judge Jay R. Irwin. Signed by Judge Stephen M McNamee on 10/17/07. (KMG) Modified on 10/17/2007 to correct text (KMG).
January 24, 2008
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ORDER that the reference of this case to the magistrate judge is withdrawn as to Dfts Malone, Schriro & McMacken's Motion to Dismiss, filed August 20, 2007 33. FURTHER ORDERED that the reference of this case to the magistrate judge is withdrawn as to Dft Toersbijn's Motion to Dismiss Counts/Claims, filed October 29, 2007 60. All other matters in this action shall remain with the magistrate judge for disposition as appropriate. Signed by Judge Stephen M McNamee on 1/24/08. (KMG)
March 4, 2008
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ORDER granting Dfts' Motion 33 in part and denying in part as follows: (a) the motion is granted as to those claims within Counts I-III arising out ofconfinement at the ASPC-Lewis Stiner Unit and the MTC prison facility; (b) the motion is granted as to Count IV; (c) the motion is granted as to those claims in Counts I-III for mental and emotional injury; (d) the motion is otherwise denied. The Clerk of Court shall dismiss Count IV. The following claims remain:(a) the Eighth Amendment claims in Counts I-III arising from Pla's confinement in the ASPC-Eyman Cook Unit; and (b) Counts VI-VII and IX-XI. Signed by Judge Stephen M McNamee on 3/4/08.(KMG)
March 26, 2008
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ORDER that the reference of this case to the magistrate judge is withdrawn as to Dfts Clemente and Waldron's Motion to Dismiss 88. All other matters in this action shall remain with the magistrate judge for disposition as appropriate. Signed by Judge Stephen M McNamee on 3/26/08. (KMG)
March 27, 2008
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ORDER that the reference of this case to the magistrate judge is withdrawn as to Pla's Motion for Review in Light of Discovered Mistake, filed March 14, 2008 103. All other matters in this action shall remain with the magistrate judge for disposition as appropriate. Signed by Judge Stephen M McNamee on 3/27/08. (KMG)
May 8, 2008
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ORDER that Pla's 103 Motion For Review is denied. Signed by Judge Stephen M McNamee on 5/8/08.(KMG)
August 20, 2008
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08/20/08. (ESL)ORDER that dft Toersbijns's 60 Motion to Dismiss Counts VII is granted in part and denied in part; Dft Clemente and Waldron's 88 Motion to Dismiss Counts IX and X is denied; Dft Dependable Personnel, Inc's 105 Motion to Dismiss is denied. (see attached pdf for full details) The following claims remain: the Eighth Amendment claims in Counts I-III arising from Pla's confinement in the ASPC-Eyman Cook Unit; and Counts VI-VII and IX-XI. Signed by Judge Stephen M McNamee on