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12-734 - Nance v. Miser et al


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12-734 - Nance v. Miser et al
May 31, 2012
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ORDER (Service Packet) re 2 Plaintiff's Application/MOTION for Leave to Proceed in forma pauperis is granted. Plaintiff's claims for violation of due process and Defendants Vicklund and Linderman are dismissed without prejudice. Defendants Miser and Patton must answer Plaintiff's claims for violation of his religious exercise and equal protection rights based on the denial of a Halal diet. The Clerk of Court must send Plaintiff a service packet including the Complaint (Doc. 1), this Order, and both summons and request for waiver forms for Defendants Miser and Patton. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. This matter is referred to Magistrate Judge David K. Duncan for all pretrial proceedings Signed by Senior Judge Robert C Broomfield on 5/30/12. (DMT)
May 31, 2012
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ORDER Directing Monthly Payments be made from Prison Account of Keith P. Nance. Signed by Senior Judge Robert C Broomfield on 5/30/12. (DMT)
August 23, 2012
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Plaintiff's motion for clarification and to amend the Complaint are denied. (Doc. 8, 9.) Defendants' 13 motion for clarification is granted to the extent that the First Amended Complaint is screened. Plaintiff's due process allegations are dismissed without prejudice. (Doc. 9) Defendants Miser, Vicklund, Linderman, and Patton must respond to Plaintiff's religious exercise claims under the First Amendment and the Religious Land Use and Incarcerated Persons Act and his equal protection allegations under the Fourteenth Amendment. The Clerk of Court must send Plaintiff a service packet including the First Amended Complaint (Doc. 9), this Order, and both summons and request for waiver forms for Defendants ORDER that the Court withdraws the reference to the Magistrate Judge as to Plaintiff's motion for clarification, motion to amend, and the First Amended Complaint and as to Defendants' motion for clarification. (Doc. 8, 9, 10, 13.)Vicklund and Linderman. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. This matter is referred to Magistrate Judge David K. Duncan for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). Signed by Senior Judge Robert C Broomfield on 8/23/12.(DMT)
November 5, 2012
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ORDER denying without prejudice 21 Motion for Appointment of Counsel. Signed by Magistrate Judge David K Duncan on 11/2/12.(DMT)
December 20, 2012
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ORDER that the reference to the Magistrate Judge is withdrawn as to Plaintiff's "Order to Show Cause for a Preliminary Injunction and Temporary RestrainingOrder 22 and it is denied. Signed by Senior Judge Robert C Broomfield on 12/20/12. (DMT)
October 7, 2013
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ORDER - The reference to the Magistrate Judge is withdrwan as to 54 Defendants' Motion for Summary Judgment and Plaintiff's Motions to Strike (Docs. 61, 62, 63). ORDERED denying 54 Defendants' Motion for Summary Judgment; denying 61 Plaintiff's Motion to Strike ; denying 62 Plaintiff's Motion to Strike ; denying 63 Plaintiff's Motion to Strike. Damage claims under RLUIPA are DISMISSED. The remaining claims are: (a) claims for injunctive relief under the First Amendment and RLUIPA regarding the Halal diet with meat; (b) claim for damages under the First Amendment; (c) equal protection claim for injunctive relief and damages for the Halal diet with meat; and (d) First Amendment damage claim for denial of the shaving waiver for 7 months. Signed by Senior Judge Robert C Broomfield on 10/7/2013.(TLB)
November 27, 2013
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ORDER that the reference to the Magistrate Judge is withdrawn as to Defendants' Motion for Reconsideration 71 and Plaintiff's Motion for Appointment of Counsel 70, and the Motions are denied. Signed by Senior Judge Robert C Broomfield on 11/27/13.(TLJ)
December 13, 2013
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ORDER: The reference to the Magistrate Judge is withdrawn as to Plaintiff's Motion for Prospective Relief and Temporary Restraining Order 73 and the Motion is denied. Signed by Senior Judge Robert C Broomfield on 12/12/2013.(ALS)
December 13, 2013
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ORDER - Because this action is now ready for trial, ORDERED that plaintiff pro se and attorney(s) who will be responsible for the trial of this lawsuit prepare a proposed Joint Final Pretrial Order and lodge it with the Clerk of the Court no later than 1/13/2014. Any future filings in this case shall be directed to the undersigned. (See attached Order for details). Signed by Senior Judge Robert C Broomfield on 12/13/2013. (TLB)
January 14, 2014
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ORDER granting 84 Plaintiff's Motion for Extension of Time Deadline. The Court orders that the parties shall file/lodge their Proposed Joint Pretrial Order with the Court no later than 1/21/2014. Signed by Senior Judge Robert C Broomfield on 1/14/2014.(TLB)
January 22, 2014
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ORDER granting 87 Defendants' Motion for Extension of Time to File Response to 83 Plaintiff's Motion in Limine. Defendants shall have through 1/29/2014 to file a response to said motion. Signed by Senior Judge Robert C Broomfield on 1/22/2014.(TLB)
January 24, 2014
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ORDER granting 90 Defendants' Motion for Enlargement of Time to Lodge Joint Proposed Pretrial Order. The parteis shall file such order by no later than 1/29/2014. (See attached Order for details). Signed by Senior Judge Robert C Broomfield on 1/23/2014.(TLB)
March 7, 2014
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rance by telephone at the hearing. Following the Pretrial Conference, the Court will issue the Final Pretrial Order and set a trial date for this action. Signed by Senior Judge Robert C Broomfield on 3/7/14.(TLB)ORDER denying 88 Plaintiff pro se Keith P. Nance's Motion for Violation of Rule Eleven, F.R.C.P. On 3/31/2014 at 10:00 AM, the parties shall participate telephonically in a pretrial conference to discuss the lodged "Defendants' Portion of the Joint Proposed Pretrial Order (Doc. 93). Plaintiff shall appear by telephone. Counsel for the defendants shall provide the Court with a telephone number where plaintiff may be contacted and make the necessary arrangements for his appea
April 1, 2014
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FINAL PRETRIAL ORDER. Jury trial set for 7/14/2014 at 9:00 AM, in Courtroom 606, in Phoenix, Arizona; plaintiff pro se and counsel shall appear at 8:30 AM to discuss pretrial matters. The Court grants plaintiff's request for issuance of Writs for witness Seymour J. Abdullah and plaintiff Keith P. Nance. Defendant having no objection, the Court grants plaintiff's request for issuance of a subpoena as to plaintiff's witness Adam Shabazz. To facilitate issuance of the subpoena as to Adam Shabazz, by no later than 5/2/2014, plaintiff Nance shall notify the court and defendants in writing of Mr. Shabazz's last known address. Plaintiff and defendant shall file proposed jury instructions by 6/10/2014. Plaintiff shall file proposed voir dire questions, not to exceed 54 questions, by no later than 4/11/2014. Signed by Senior Judge Robert C Broomfield on 3/31/2014. (TLB)
June 18, 2015
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ORDER The reference to the Magistrate Judge is withdrawn as to Defendants Renewed Motion for Summary Judgment (Doc. 134) and Defendants' Motions to Strike (Docs. 141, 142); Defendants' Motion to Strike (Doc. 141) is denied as moot, and Defendants' Amended Motion to Strike (Doc. 142) is granted in part and denied in part as forth in this Order; The Clerk of Court is instructed to strike Plaintiff's Notice (Doc. 139) and Plaintiff's duplicate attachments (Doc. 138-1). Defendants Renewed Motion for Summary Judgment (Doc. 134) is granted in part and denied in part as set forth in this Order. Plaintiff's claims for damages and injunctive relief under RLUIPA, the First Amendment, and the Equal Protection Clause regarding a halal diet with meat are dismissed; Defendants Vicklund, Linderman, and Patton are dismissed; Plaintiff's remaining claim is a First Amendment claim for damages against Miser for denial of a shaving waiver for 7 months. Signed by Senior Judge Stephen M McNamee on 6/16/15.(KGM)
January 13, 2016
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ORDER dismissing this case and all pending matters with prejudice. The Clerk of Court is directed to terminate the case. Signed by Senior Judge Stephen M McNamee on 1/12/16. (LSP)