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16-472 - Stauffer v. Payson Police Department


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16-472 - Stauffer v. Payson Police Department
February 21, 2017
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REPORT AND RECOMMENDATION re: 52 Amended Complaint filed by Joshua Stauffer: IT IS RECOMMENDED that Plaintiff's Second Amended Complaint (Doc. 52) be DISMISSED for failure to state a claim. IT IS FURTHER RECOMMENDED that Plaintiff be granted leave to file a third amended complaint within 30 days of the filing of the Court's Order, if Plaintiff fails to file a third amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice. Signed by Magistrate Judge James F Metcalf on 2/21/17. (KGM)
March 30, 2017
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ORDER ADOPTING 53 Report and Recommendation of the Magistrate Judge. Plaintiff's Second Amended Complaint is dismissed with 30 days leave to amend. the Clerk must, without further notice, enter a judgment of dismissal of this action if Plaintiff fails to comply. Signed by Judge Susan R Bolton on 03/30/2017. (KAS)
July 20, 2017
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ames F Metcalf on 7/20/2017. (REK)Amended REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Defendant Macnereny be ordered to respond to the portion of Count 2 of Plaintiff's Third Amended Complaint 64 regarding the August 26, 2014 search of Plaintiff's home; that the remaining claims in Count 2, and his claims in Counts 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of Plaintiff's Third Amended Complaint 64, and Defendants City of Payson, Wright, Figeroa, Evans, Engler, Eldredge, Garvin, McDonough, Zimmerman, Macnereny, Davies, Bogatko, Johnson, Scales, Geiser, Oortman, Jaegar, be DISMISSED WITHOUT PREJUDICE for failure to adequately state a claim; The Clerk of the Court shall send Plaintiff a service packet for Defendant Macnereny for Plaintiff to complete and return to the Clerk of the Court. 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. The parties shall have fourteen (14) 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 (14) days within which to file a response to the objections. Failure to timely file objections to any findings or recommendations of the Magistrate Judge will be considered a waiver of a party's right to de novo consideration of the issues and will constitute a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the recommendation of the Magistrate Judge. Signed by Magistrate Judge J
August 11, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION re: 70. FURTHER ORDERED that Defendant Macnereny be ordered to respond to the portion of Count 2 of Plaintiff's 64 Third Amended Complaint regarding the August 26, 2014 search of Plaintiff's home. FURTHER ORDERED that the remaining claims in Count 2, and the claims in Counts 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of Plaintiff's 64 Third Amended Complaint, and Defendants City of Payson, Wright, Figeroa, Evans, Engler, Eldredge, Garvin, McDonough, Zimmerman, Macnereny, Davies, Bogatko, Johnson, Scales, Geiser, Oortman, Jaegar, be DISMISSED WITHOUT PREJUDICE for failure to adequately state a claim. The Clerk of the Court shall send Plaintiff a service packet for service on Defendant Macnereny; Plaintiff shall complete and return the service packet to the Clerk of the Court within 20 days of the date of the filing of this Order. See document for complete details. Signed by Judge Susan R Bolton on 8/11/2017. (ATD)