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15-296 - Sherrod v. Ryan et al


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15-296 - Sherrod v. Ryan et al
July 22, 2016
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ORDER - IT IS ORDERED granting Plaintiff's "Motion to Amend Complaint" (Doc. 46). IT IS FURTHER ORDERED that by August 5, 2016, Plaintiff shall lodge a "clean" version of the First Amended Complaint on the court-approved form. IT IS FURTHER ORDERED directing the Clerk of Court to mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. IT IS FURTHER ORDERED denying Plaintiff's "Recommendation to be Appointed Counsel" (Doc. 49). IT IS FURTHER ORDERED denying without prejudice Plaintiff's "Discovery Request to be Examined by an Outside Physican [sic]" (Doc. 50). IT IS FURTHER ORDERED granting in part and denying in part Plaintiff's "Discovery Request to Subpoena Durango Jail- Juvenile Referral and Arizona Department of Corrections for Medical Records" (Doc. 51) as set forth herein. The Clerk of Court is directed to mail Plaintiff one blank subpoena duces tecum for Plaintiff to fill out in accordance with Rule 45, Fed. R. Civ. P. Plaintiff shall promptly send the properly completed subpoena back to the Clerk of Court. The Clerk of Court will then forward the properly completed subpoena duces tecum to the USMS for service. IT IS FURTHER ORDERED that in light of the Orders set forth herein, Defendant Ryan and Pratt's Motion for Summary Judgment (Doc. 55) is premature, and the Clerk of Court is directed to withdraw the Motion (Doc. 55). IT IS FURTHER ORDERED denying as moot "Motion: Prison Litigation Reform Act 1996 (PLRA) Consideration to Continue with Complaint" (Doc. 52). Plaintiff's First Amended Complaint has been screened and Defendants shall be ordered to answer. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 7/21/16. (Attachments: # (1) Complaint form, # (2) Subpoena Issued in Blank) (LAD)
September 20, 2016
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ORDER - IT IS ORDERED denying Plaintiff's "Recommendation for Rule 35. Garcia Laboratory Results" (Doc. 59). IT IS FURTHER ORDERED denying Plaintiff's "Request for Rule 35 Physical and Mental Examination" (Doc. 65). IT IS FURTHER ORDERED denying Plaintiff's "Memorandum of Law In Support of Appointment of Counsel" (Doc. 64), which is docketed as a motion. IT IS FURTHER ORDERED that within fourteen days from the filing of this Order, Defendant Ryan shall respond to Plaintiff's "Injunction for Organization" (Doc. 61), which the Court construes as a request for injunctive relief for the return of Plaintiff's legal documents. IT IS FURTHER ORDERED that the Clerk of Court mail to Plaintiff a copy of his "Motion: to Amend Complaint" (Doc. 46) and all exhibits attached. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 9/19/16. (LAD)
November 4, 2016
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ORDER: IT IS ORDERED denying Plaintiff's "Injunction for Organization" (Doc. 61) as moot. Signed by Magistrate Judge Eileen S Willett on 11/04/2016. (REK)
January 13, 2017
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ORDER - IT IS ORDERED construing Plaintiff's "Notice of Conflict" (Doc. 69) as a request for the disqualification of the undersigned Magistrate Judge. IT IS FURTHER ORDERED denying Plaintiff's request for disqualification of the undersigned Magistrate Judge (Doc. 69). (See document for further details). Signed by Magistrate Judge Eileen S Willett on 1/13/17. (LAD)
January 9, 2018
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REPORT AND RECOMMENDATION: IT IS RECOMMENDED that the Court dismiss without prejudice Defendants Dr. Steve Ibrahim, Nurse Practitioner N. Maranzana, Dr. Stueward, Craig Kevis, and Dr. Okafor for failure to timely effect service. Defendants Dr. Ibrahim, Maranzana, Dr. Stueward, Craig Kevis, and Dr. Okafor alternatively may be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. However, pursuant to Rule 72(b), Fed. R. Civ. P., the parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. Failure to file timely objections to any factual determinations of the Magistrate Judge may be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge Eileen S Willett on 1/09/2018. (REK)
March 20, 2018
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ORDER: The reference to the Magistrate Judge is withdrawn as to Defendants Ryan and Pratt's Motion for Summary Judgment (Doc. 84). Defendants Ryan and Pratt's Motion for Summary Judgment (Doc. 84) is granted, and Plaintiff's Eighth Amendment medical claim against Defendants Ryan and Pratt is dismissed with prejudice. The Report and Recommendation (Doc. 83) is adopted, and Defendants Ibrahim, Maranzana, Stueward, Kevis, and Okafor are dismissed from the action without prejudice for failure to serve. The Clerk of Court shall enter judgment accordingly and terminate the action. Signed by Judge Diane J Humetewa on 3/20/18. (EJA)