Maloney v. Ryan et al

Filing 9

ORDER that on June 20, 2013, the Clerk of the Court shall send, by first class mail a copy of this Court's 5 , 6 Orders and a copy of plaintiff's 8 Motion for a TRO and/or PI, to defendants Ryan, Linderman, and Mason. The defendants shall file and serve a response to plaintiff's 8 Motion by no later than Wednesday, June 26, 2013. Signed by Senior Judge Robert C Broomfield on 6/19/2013. (See Order for details.)(LFIG)

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1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 Erik Scott Maloney, 13 Plaintiff, 14 15 vs. Charles L. Ryan, et al., 16 Defendants. ) ) ) ) ) ) ) ) ) ) No. CV 13-314-PHX-RCB(BSB) O R D E R 17 18 Plaintiff Erik Scott Maloney, who is confined in the 19 Arizona State Prison Complex-Florence in Florence, Arizona, 20 has filed a pro se civil rights Complaint pursuant to 42 21 U.S.C. § 1983 (Doc. 1) and an Application to Proceed In Forma 22 Pauperis (“IFP”) (Doc. 2). 23 ordered defendants Ryan and Linderman to answer counts One, 24 Two, and Three; and ordered defendant Mason to answer count 25 Two. 26 remaining defendants without prejudice. 27 court also granted the plaintiff’s IFP application. 28 On June 7, 2013, the court Ord. (Doc. 5) at 1:18-19. The court dismissed the Id. at 1:19-20. Id. In accordance with this court’s order, the plaintiff The 1 completed the service packets as to the three remaining 2 defendants and returned them to the Clerk’s Office on June 3 13, 2013. 4 forwarded to the United States Marshal for service. 5 has not yet been completed. 6 That same date, the completed service packets were Service On June 13, 2013, the plaintiff filed a Motion to Appoint 7 Counsel (Doc. 7)1 and a Motion for a Temporary Restraining 8 Order (“TRO”) and/or Preliminary Injunction (“PI”) (Doc. 8). 9 The relief which plaintiff is seeking in his motion for a TRO 10 and/or PI pertains directly to the “Upcoming Islamic Holy 11 Month of Ramadan, begining [sic] on July 12 ending on August 13 14 15 8 , 2013.” 9 , 2013 and Id. at 1:24-25. Because that beginning date is fast approaching, the court hereby ORDERS as follows: (1) on June 20, 2013, the Clerk of the Court shall send, 16 by first class mail a copy of this court’s orders (Docs. 5 17 and 6), as well as a copy of plaintiff’s motion for a TRO 18 and/or PI (Doc. 8), to defendants Ryan, Linderman, and Mason, 19 to their respective addresses as plaintiff provided in the 20 service packets which he returned to the Clerk of the Court 21 on June 13, 2013; 22 (2) the defendants shall file and serve a response to 23 plaintiff’s motion (Doc. 8) by no later than Wednesday, June 24 26, 2013; and 25 (3) if plaintiff desires to file a reply, it shall be 26 27 28 1 The motion for appointment of counsel is before the Honorable United States Magistrate Judge Bridget S. Bade pursuant to this court’s prior order. See Ord. (Doc. 5) at 9, ¶ (13). -2- 1 2 filed and served by no later than Monday, July 1, 2013. DATED this 19th day of June, 2013. 3 4 5 6 7 8 9 10 Copies to plaintiff pro se and to defendants Ryan, Linderman, 11 and Mason, to their respective addresses as plaintiff 12 provided in the service packets which he returned to the 13 Clerk of the Court on June 13, 2013 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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