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17-192 - Tucker v. Arizona Department of Corrections et al


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17-192 - Tucker v. Arizona Department of Corrections et al
June 8, 2018
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ORDER that the Motion to Dismiss for Failure to State a Claim (Doc. 20) is GRANTED. Counts One through Nine, Twenty-Seven, and Twenty-Eight against the State, ADC, and Ryan, along with Counts Nine through Twenty-Six against individually named defendants, are DISMISSED. ADC and the claims against it are DISMISSED. Counts One through Eight against the State, ADOC, and Ryan are DISMISSED. Counts One through Eight are DISMISSED as being banned by the statute of limitations. Counts Nine, Eighteen and Nineteen are DISMISSED as non-cognizable claims. Counts Ten through Seventeen and Twenty through Twenty- Six are DISMISSED for failure to state claim upon which relief may be granted. Counts Twenty-Seven and Twenty-Eight are DISMISSED for failing to allege a causal link between Defendant and the claimed violations. The claim for punitive damages is DISMISSED. The SAC and this action are DISMISSED. The Motion to Conduct Discovery Prior to the Time Specified in the Rule 26(d) and Request Leave of the Court to Extend the Time to Serve Unknown Defendant John Doe and Dismiss Defendants Jane Does (1-10) without Prejudice (Doc. 27) is DENIED AS MOOT. The Motion for Leave of the Court to Attach Audio Recording as an Exhibit to Plaintiff's Response to State Defendants' Motion to Dismiss (Doc. 29) is DENIED. The Request Leave of the Court for an Order to extend Deadline to File Response to State Defendants' Motion to Dismiss (Doc. 34) is DENIED. The Motion for Ruling on State Defendants' Sovereign Immunity Defense (Doc. 36) is GRANTED to the extent the Court herein rules on State Defendants' Sovereign Immunity Defense. The Motion to Deem Plaintiffs' Motion for Ruling as Response to Defendants' Motion to Dismiss; Motion to Extend Time to Reply if Plaintiffs' Motion Deemed a Response; Motion for Plaintiffs to Comply with Court Rules (Doc. 38) is GRANTED IN PART AND DENIED IN PART. Signed by Senior Judge Cindy K Jorgenson on 6/6/2018. (MFR)