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16-8272 - Rodrigues v. Ryan et al


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16-8272 - Rodrigues v. Ryan et al
May 16, 2017
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REPORT AND RECOMMENDATION recommending that the Court dismiss without prejudice Count One of the First Amended Complaint. IT IS FURTHER RECOMMENDED that the Court order Defendants Ryan, Rider, Santiago, Diaz, Winkler, and Frederick to answer the Eighth Amendment threat-to-safety claim contained in Count Two of the First Amended Complaint; that the Court order Defendants MTC, Washington, Rider, Santiago, Diaz, Winkler, and Frederick to answer the Arizona common law claim for negligence in Count Three; that the Court order Defendant MTC to answer the negligent training claim in Count Three; that the Court dismiss without prejudice Counts Four, Five, and Six of the First Amended Complaint. See attached Report for details. Signed by Magistrate Judge Eileen S Willett on 05/16/2017. (KAS)
June 9, 2017
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ORDER (Service Packet): The R&R 22 is accepted. Count One of the First Amended Complaint be dismissed without prejudice. Defendants Ryan, Rider, Santiago, Diaz, Winkler, and Frederick shall answer the Eighth Amendment threat-to-safety claim contained in Count Two of the First Amended Complaint. Defendants MTC, Washington, Rider, Santiago, Diaz, Winkler, and Frederick shall answer the Arizona common law claim for negligence in Count Three. Defendant MTC shall answer the negligent training claim in Count Three. Counts Four, Five, and Six of the First Amended Complaint are dismissed without prejudice. The Clerk of Court shall send Plaintiff a service packet including the First Amended Complaint, this Order, and a copy of the Marshals Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendants MTC, Washington and Frederick. Plaintiff shall 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. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. Signed by Judge David G Campbell on 6/09/2017. (REK)
November 3, 2017
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ORDER - The reference to the Magistrate Judge is withdrawn as to Plaintiff's 58 Motion for Preliminary Injunction and Temporary Restraining Order. Plaintiff's 58 Motion for Preliminary Injunction and Temporary Restraining Order is denied. Signed by Judge David G Campbell on 11/3/2017. (ATD)
December 6, 2017
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ORDER - The reference to the Magistrate Judge is withdrawn as to Defendants' Motion to Dismiss (Doc. 24). Defendants' Motion to Dismiss (Doc. 24) is granted in part and denied in part. The Motion is granted as to Plaintiff's Eighth Amendment official capacity claims against Ryan and Diaz and Plaintiff's negligence claim against Diaz in Count Three. The Motion is denied in all other respects. (See document for further details). Signed by Judge David G Campbell on 12/6/17. (SLQ)
March 1, 2018
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ORDER - IT IS ORDERED denying Plaintiff's "Notice and Motion to Compel Answer to First Amended Complaint" (Doc. 101). IT IS FURTHER ORDERED denying Plaintiff's "Motion to Stay Defendants' Motion for Summary Judgment and Request for Court Order" (Doc. 104). IT IS FURTHER ORDERED denying Plaintiff's Motion to Compel (Docs. 89, 120). IT IS FURTHER ORDERED referring to the District Judge Plaintiff's renewed request for a temporary restraining order that is set forth in Plaintiff's "Notice and Motion to Compel Production and Renewed Request for Order of Protection" (Doc. 89). IT IS FURTHER ORDERED granting Defendants' "Motion to Quash Plaintiff's Subpoenas" (Doc. 94). The subpoenas duces tecum purportedly served on non-parties CO III McNamer, ADOC Division Director Joe Profiri, ADOC Deputy Director Jeff Hood, ADOC Inspector General Greg Lauchner, and Governor Doug Ducey are quashed. IT IS FURTHER ORDERED granting Defendants' "Motion to Quash Plaintiff's Subpoenas" (Doc. 108). The subpoenas duces tecum purportedly served on non-parties Mohave County Attorney Matt Smith and ADOC "Grievance Appeals Administrator" are quashed. IT IS FURTHER ORDERED granting Plaintiff's "Motion for Extention [sic] of Time" (Doc. 124). Plaintiff's Response (Doc. 127) filed on February 22, 2018 is deemed timely. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 2/28/18. (LAD)