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17-3910 - Holmes v. Nielson et al


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17-3910 - Holmes v. Nielson et al
February 21, 2018
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REPORT AND RECOMMENDATION AND ORDER: Order granting 3 Plaintiff's Application for Deferral or Waiver of Court Fees or Costs and Consent to Entry of Judgment. RECOMMENDED that the Court dismiss Count III of Plaintiff's Complaint without leave to amend. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District Court's judgment. ORDERED that Defendants must answer or otherwise respond to Counts I and II. FURTHER ORDERED that 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 City of Mesa, Nielson, and Lowenhagen. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 2/20/18. (EJA)
March 14, 2018
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ORDER denying without prejudice 12 Plaintiff's Motion to Amend. FURTHER ORDERED striking the proposed Amended Complaint lodged at (Doc. 13). Signed by Magistrate Judge Eileen S Willett on 3/14/18. (EJA)
May 2, 2018
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ORDER that Judge Willett's 11 Report and Recommendation is accepted and adopted as the order of this Court. Count III of Plaintiff's 1 Complaint is dismissed with prejudice. ORDERED denying without prejudice Plaintiff's 15 Motion to Amend. IT IS FURTHER ORDERED that all future filings, including any motion to amend, must be filed in compliance with all Local and Federal Rules, including, but not limited to LRCiv. 7.1(b). Signed by Judge Diane J Humetewa on 5/1/2018. (LFIG)