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14-1325 - Eldridge #147718 v. Schroeder


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14-1325 - Eldridge #147718 v. Schroeder
October 3, 2014
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ORDER: Plaintiff's June 26, 2014 Application to Proceed In Forma Pauperis 8 is denied without prejudice; Within 30 days of the date this Order is filed, Plaintiff must either pay the $400.00 filing and administrative fees or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement; If Plaintiff fails to either pay or file a complete Application within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff; Plaintiffs Motion for Protective Order 9 is denied without prejudice; The Clerk of the Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Signed by Judge David G Campbell on 10/3/2014. (ALS)
November 25, 2014
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ORDER (Service Packet): Plaintiff's fourth Application to Proceed In Forma Pauperis 11 is granted. Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing fee. The Clerk of Court must send Plaintiff this Order, and a copy of the Marshal's Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendant Schroeder. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Complaint on Defendant within 120 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed. Defendant must answer the Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. This matter is referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). Signed by Judge David G Campbell on 11/25/2014. (Attachments: # (1) Service Letter, # (2) Packet 1 and Sample, # (3) Rule 4)(ALS)
April 23, 2015
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ORDER denying 24 Motion for Appointment of Counsel. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 4/22/15. (LAD)
April 23, 2015
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ORDER - Service of Plaintiff's original Complaint (Doc. 1) is stayed. The Clerk of the Court shall forward copies of this Order to the United States Marshals Service. The United States Marshal shall retain the Summons, a copy of the First Amended Complaint (Doc. 21), and a copy of this Order for future use. Plaintiff's Motion for Appointment of Counsel (Doc. 24) is denied. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 4/22/15. (LAD)
June 29, 2015
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ORDER - Plaintiff's appeal of the Magistrate Judge's April 23, 2015 order is denied. See document for details. Signed by Judge David G Campbell on 06/29/15. (ATD)
September 15, 2015
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ORDER: Denying Plaintiff's Motion to Compel (Doc. 36) and untitled motion (Doc. 34); extending time to effect service of process to ninety (90) days from the date of filing of this Order; Clerk of the Court is directed to issue and send to Plaintiff five subpoenas duces tecum in blank. Plaintiff shall complete the subpoenas duces tecum requesting documents that would contain a current address for Defendant Schroeder and return the subpoenas duces tecum to the Clerk of Court on or before October 13, 2015. Upon receipt of the completed subpoenas, the Clerk of Court is directed to forward them to the U.S. Marshal for service. IT IS FURTHER ORDERED that:Plaintiff must complete the subpoenas such that the documents requested are returned to the Court, not to Plaintiff. Upon receipt of the documents, the Clerk of Court is directed to file the documents containing the address of Defendant Schroeder under seal. Upon receipt of the address of Defendant Schroeder, the Clerk of Court is directed to complete a service packet and forward it to the United States Marshal for service. Signed by Magistrate Judge Eileen S Willett on 09/15/2015. (Attachments: # (1) Issued Subpoena 1, # (2) Issued Subpoena 2, # (3) Issued Subpoena 3, # (4) Issued Subpoena 4, # (5) Issued Subpoena 5) (REK)
December 2, 2015
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ORDER: Plaintiff's Motion for the Appointment of Counsel (Doc. 40) is denied. Signed by Magistrate Judge Eileen S Willett on 12/02/2015. (REK)
December 4, 2015
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ORDER: IT IS ORDERED denying Plaintiff's Motion to Extend the Time for Service of Defendant JD Schroeder (Doc. 47); that Plaintiff show cause no later than January 6, 2016 why his case should not be dismissed without prejudice for failure to timely serve pursuant to Rule 4(m), Fed. R. Civ. P.; denying Motion for an Order Compelling Discovery (Doc. 46); granting in part Objection to and Motion to Quash Subpoenas (Doc. 41). The subpoena duces tecum to the Governor of Arizona is quashed, and the objection to it is sustained. The objection to the subpoena duces tecum served upon the Arizona Department of Corrections is sustained in part. However, the Arizona Department of Corrections is required to disclose to the Court under seal any document reflecting the current location of Defendant J. D. Schroeder for purposes of service of process by the USMS. Production of further documents requested is deemed unduly burdensome. The additional documents are irrelevant, and the scope of the subpoena duces tecum is overly broad. To the extent the subpoena duces tecum seeks records other than the current location of Defendant Schroeder, it is quashed; the "Letter to the Court" (Doc. 39) is deemed moot. Signed by Magistrate Judge Eileen S Willett on 12/04/2015. (REK)
January 28, 2016
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REPORT AND RECOMMENDATION AND ORDER - IT IS ORDERED denying "Motion for Permission and Court Ordered to Service by Ad in 'USA Today.'" (Doc. 54). IT IS FURTHER ORDERED denying "Request of the Court." (Doc. 57). IT IS RECOMMENDED that the Court dismiss without prejudice "Complaint for Negligence." (Doc. 21). (See document for further details). Signed by Magistrate Judge Eileen S Willett on 1/28/16. (LAD)
April 11, 2016
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*ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that the R&R (Doc. 58) is accepted. The motion for permission and court order to service by ad in USA Today (Doc. 54), request of the court (Doc. 57), and objection to document 50 (Doc. 56) are denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 4/11/16. (KGM) *Modified to regenerate NEF on 4/20/2016 (SCH).