Stewart v. Ryan et al

Filing 15

ORDER denying without prejudice 14 Plaintiff's (Amended)Notice of Motion for Reconsideration re: Dismissing of Defendant(s) and, an Extension of Time to File. Signed by Magistrate Judge Lawrence O Anderson on 7/18/12.(LSP)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Thomas Stewart, Jr., 10 11 Plaintiff, vs. 12 Charles Ryan, et al., 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-12-719-PHX-RCB-LOA ORDER 15 This matter arises as a result of Plaintiff’s “(Amended) Notice of Motion for 16 Reconsideration re: Dismissing of Defendant(s) and, an Extension of Time to File.” (Doc. 17 14). 18 Plaintiff filed his Prisoner Civil Rights Complaint pursuant to 42 U.S.C. § 1983 on 19 April 4, 2012. (Doc.1) On July 2, 2012, the Court granted Plaintiff in forma pauperis status 20 and screened his Complaint pursuant to 28 U.S.C. § 1915(a). (Doc. 12) The Court dismissed 21 all Defendants and claims except Count II against Defendant Barcklay-Dodson. Defendant 22 Barcklay-Dodson was ordered to answer Count II of the Complaint. To date, he has not yet 23 been served. 24 Although Plaintiff titles his Motion as one to Reconsider and a Request for an 25 Extension of Time, the body of his Motion neither states what it is that he would like to 26 reconsider, nor what deadline from which he is requesting an extension of time. Therefore, 27 the Court will deny without prejudice Plaintiff’s Motion. He may either re-file a proper 28 1 Motion to Reconsider and/or a Motion for Extension of Time, including with specificity 2 what it is he is asking the Court to reconsider or what deadline he is asking the Court to 3 extend. 4 IT IS ORDERED that Plaintiff’s “(Amended) Notice of Motion for Reconsideration 5 re: Dismissing of Defendant(s) and, an Extension of Time to File”, doc. 14, is DENIED 6 without prejudice. 7 Dated this 18th day of July, 2012. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?