Houser #212341 v. Ryan et al

Filing 55

ORDER (Service Packet), Judge Metcalf's 38 Report and Recommendation is accepted; the following portions of Plaintiff's First Amended Complaint are dismissed for failure to state a claim upon which relief may be granted: (1) Counts I, II, III, XI, XII, XIII, and XIV; (2) those portions of Count IX related to Defendant Sestiaga; (3) those portions of Counts X related to Defendants Bradfield, Log, and Eccles; Defendants Ryan, Pratt, Gross, Mussen, Log, Eccles, Fulton, Sestiaga, Bradfie ld, Nutter, and Corizon Health, Inc. are dismissed; an answer is required as follows: (1) from Defendant Wexford Health Services, Inc. as to Count IV; (2) from Defendant Lahr as to Counts V, IX, and X; (3) from Defendant Bell as to Count VII; and (4) from Defendant Grant-Ellis as to Count VII; the Clerk must send Plaintiff a service packet including this Order, and a copy of the Marshal's Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summon s form for Defendants Wexford Health Services, Lahr, Bell, and Grant-Ellis; Plaintiff must complete1 and return the service packet to the Clerk within 21 days; Defendants shall, within 21 days from the date of such service or 30 days from the date of any acceptance of service, whichever is later, file a response to Plaintiff's Motions for Relief 34 , 54 and Motion to Compel Constitutionally Adequate Health Care 45 . Signed by Judge G Murray Snow on 2/13/14. (Attachments: # 1 Cover Letter, # 2 Service Packet, # 3 Additional Forms, # 4 Additional Forms, # 5 Additional Forms) (REW)

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

OFFICE OF THE CLERK
BRIAN D. KARTH
DISTRICT COURT EXECUTIVE / CLERK OF COURT
SANDRA DAY O’CONNOR U. S. COURTHOUSE,
SUITE 130
401 WEST WASHINGTON STREET, SPC 1
PHOENIX, ARIZONA 85003-2118

DEBRA D. LUCAS
CHIEF DEPUTY CLERK
SANDRA DAY O’CONNOR U. S. COURTHOUSE,
SUITE 130
401 WEST WASHINGTON STREET, SPC 1
PHOENIX, ARIZONA 85003-2118

Visit our website at www.azd.uscourts.gov

MICHAEL S. O’BRIEN
CHIEF DEPUTY CLERK
EVO A. DECONCINI U.S. COURTHOUSE
405 W. CONGRESS, SUITE 1500
TUCSON, ARIZONA 85701-5010

February 13

Re: Service Packet for

, 20

Galen Lloyd Houser,

14

#212341

:

Enclosed is a copy of the Court’s Order directing the U.S. Marshal to effect service on your behalf.
Also enclosed are U.S. Marshal service form(s) (USM-285), a Notice of Lawsuit & Request for
Waiver of Service of Summons form(s) and a set of examples for your use and information. To
complete service, you must prepare and return the following items:
!

One copy of the Marshal’s Process Receipt & Return Form USM-285 for
each defendant ordered to be served;

!

One copy of the Notice of Lawsuit & Request for Waiver of Service of
Summons form for each defendant ordered to be served.

DO NOT PREPARE ANY SERVICE FORMS FOR PARTIES DISMISSED FROM THE ACTION.
Upon receipt of the properly completed forms, your Complaint will be processed for service.
FAILURE TO PROPERLY PREPARE AND SIGN YOUR SERVICE FORMS MAY RESULT IN
DELAY IN EFFECTING SERVICE. A Notice of Availability of a United States Magistrate Judge
Consent form is also included. This form is to be returned to our office ONLY after all parties have
appeared and agreed to the consent.
BRIAN D KARTH, DCE/Clerk

By

.

s/ Ruth E. Williams
Deputy Clerk

Enclosures:
1 Copy of Court Order
USM 285 Form(s) w/example
Notice of Lawsuit & Request for Waiver Form(s) w/example
1 Consent Form

The staff of the Clerk’s Office ensures the effective, efficient and professional delivery of clerical and administrative services,
while fostering a customer-friendly and employee-friendly environment.