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09-681 - GEVARA v. HUBBARD et al


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09-681 - GEVARA v. HUBBARD et al
February 18, 2010
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MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 2/18/10, that Plaintiff's pro se "Motion for Appointment of Counsel" (Docket Entry 11) is DENIED. FURTHER that Plaintiff's "Affidavit in Support of Order to Show Cause and for an Injunction and Temporary Restraining Order" (Docket Entry 10), which the Court treats as a motion seeking entry of the related proposed order (Docket Entry 9), is DENIED WITHOUT PREJUDICE to Plaintiff refiling such a request in connection with an action instituted in the proper court. FURTHER that the Clerk forthwith shall send Plaintiff a summons for each defendant named in the Complaint. FURTHER that Plaintiff shall complete each summons, including by providing for each defendant an address suitable for service, and shall return the completed summonses to the Clerk on or before March 19, 2010. Failure by Plaintiff to complete said summonses properly, including by providing addresses suitable for service, or to return the properly completed summonses as directed will result in dismissal of this action pursuant to Fed. R. Civ. P. 4(m). FURTHER that the Clerk shall forward properly completed summonses timely returned by Plaintiff to the United States Marshal who shall cause any defendant named therein to be served with such summons and a copy of the Complaint pursuant to Fed. R. Civ. P. 4(c)(1) and (3). (Law, Trina)
March 23, 2010
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MEMORANDUM OPINION and ORDER signed by MAG/JUDGE L. PATRICK AULD on 3/23/10, that, to the extent Plaintiff's pro se "Motion for Leave to Amend an Order to Show Cause and for an Injunction and Temporary Restraining Order and Appointment of Counsel as a Support of Any Error and Objections to the Magistrate's Opinion and Order" (Docket Entry 13) raises objections to the Order entered on February 18, 2010 (Docket Entry 12), said filing must be referred to the assigned district judge for any further action. FURTHER that, to the extent Plaintiff's pro se "Motion for Leave to Amend an Order to Show Cause and for an Injunction and Temporary Restraining Order and Appointment of Counsel as a Support of Any Error and Objections to the Magistrate's Opinion and Order" (Docket Entry 13) seeks leave to amend the Complaint and/or any prior filing by Plaintiff in this case, said filing is DENIED AS MOOT. FURTHER that, to the extent Plaintiff's pro se "Motion for Leave to Amend an Order to Show Cause and for an Injunction and Temporary Restraining Order and Appointment of Counsel as a Support of Any Error and Objections to the Magistrate's Opinion and Order" (Docket Entry 13) seeks leave to join additional persons, said filing is DENIED WITHOUT PREJUDICE. (Law, Trina)
April 16, 2010
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MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 4/16/10, that, to the extent Plaintiff's "Motion for Leave to Amend an Order to Show Cause and for an Injunction and Temporary Restraining Order and Appointment of Counsel as a Support of Any Error and Objections to the Magistrate's Opinion & Order" (Docket Entry 17) raises objections to the Order entered on March 23, 2010 (Docket Entry 14), said filing must be referred to the assigned United States District Judge for any further action. FURTHER that, to the extent Plaintiff's "Motion for Leave to Amend an Order to Show Cause and for an Injunction and Temporary Restraining Order and Appointment of Counsel as a Support of Any Error and Objections to the Magistrate's Opinion & Order" (Docket Entry 17) seeks leave to amend Plaintiff's Complaint in this case, said filing is DENIED AS MOOT. (Law, Trina)
January 13, 2014
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 1/13/2014; that Defendants' Motion for Summary Judgment (Docket Entry 82) be granted in part and denied in part, in that the claim of excessive force against Defendant Cory Fields should survive but the claims against all other Defendants should be dismissed. FURTHER that Plaintiff's Negative Averment of Jurisdiction (Docket Entry 75) (construed by the Clerk as a motion) be denied. (Sheets, Jamie)
June 25, 2014
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 6/25/2014; that Defendant Fields' Motion for Summary Judgment (Doc. 82) is GRANTED and that this action is DISMISSED. A Judgment dismissing this action will be entered contemporaneously with this Memorandum Opinion and Order. (Sheets, Jamie)