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15-1426 - Pesqueira #126613 v. Ryan et al


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15-1426 - Pesqueira #126613 v. Ryan et al
September 18, 2015
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ORDER - Defendants Ryan, Pratt, McKamey, Corizon, Sedlar, Reece, and Does I-IV are dismissed without prejudice. Within 30 days of the date of this Order, Plaintiff must file a Response to this Order that includes either (1) the name of the Defendant identified as "John Doe Nurse" or (2) an explanation of what Plaintiff has done to try to learn these Defendants' names, a description of what discovery Plaintiff would undertake to learn his name, and the identity of at least one person who could be served with discovery. If Plaintiff fails to file a Response within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. (See document for full details). Signed by Judge David G Campbell on 9/18/15. (LAD)
November 2, 2015
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ORDER (Service Packet) re: Plaintiff's Motion to Alter or Amend (Doc. 10) is denied as moot. Defendants Corizon Health, Arlene McKamey, Christine Salas, John Doe #2, and Jane Does are dismissed without prejudice. Defendant Sedlar must answer Counts One and Two of the First Amended Complaint. The Clerk of Court must send Plaintiff a service packet including the First Amended Complaint (Doc. 11), this Order, and both summons and request for waiver forms for Defendant Sedlar. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and First Amended Complaint on a 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 as to each Defendant not served. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii). 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 10/30/15. (Attachments: # (1) Service Packet Letter, # (2) Service Packet w/ Samples, # (3) Rule 4, # (4) Rule 4 US service, # (5) GO 14-17 & Prisoner Notice)(KGM)
March 31, 2017
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ORDER - IT IS ORDERED The reference to the Magistrate Judge is withdrawn as to Plaintiff's Motion for Default Judgment (Doc. 30) and Motion for Temporary Restraining Order (Doc. 36), and the Motions are denied. Service on Defendant Sedlar (Doc. 23) is quashed, and the service deadline is extended for an additional sixty (60) days from the date of this Order. The Clerk's Entry of Default (Doc. 26) is set aside. All other matters in this action remain with the Magistrate Judge for disposition as appropriate.(See document for further details). Signed by Judge David G Campbell on 3/31/17. (LAD)
September 1, 2017
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ORDER: The reference to the Magistrate Judge is withdrawn as to Plaintiff's "Motion Request Court Direct DOC Special Handling of Plaintiff's Grievance and Subsequent Appeals Related to Count III of the Second Amended Complaint" 56 and "Motion Asking Court to Help Plaintiff with Problem Accessing E-File Services" 60, and the motions are denied. Signed by Judge David G Campbell on 9/01/2017. (REK)