Deetz #140453 v. Arizona Department of Corrections et al

Filing 34

ORDER denying 33 Motion for Extension of Time. Signed by Magistrate Judge Eileen S Willett on 1/14/15.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Garrett J. Deetz,

No. CV-13-00489-PHX-DJH (ESW)
Plaintiff,

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v.

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ORDER

Arizona Department of Corrections, et al.,

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Defendants.

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The Plaintiff is an inmate at the Arizona Department of Corrections, Special

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Management Unit I (SMU I) in Florence, Arizona. He filed a Complaint (Doc. 1)

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pursuant to 42 USC § 1983. By order of the Court (Doc. 23) filed September 30, 2014,

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the Defendants Vukcevic and Valenzuela were determined to be required to Answer

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Counts 1 and 2 of the First Amended Complaint (Doc. 25) filed April 14, 2014. All other

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defendants were dismissed without prejudice.

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Injunction (Doc. 19) was denied. Plaintiff was ordered to complete and return a service

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packet to the Clerk of Court within 21 days. Plaintiff was ordered to obtain a waiver or

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complete service of the Summons and First Amended Complaint on Defendants within

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120 days of the filing of the Complaint or within 60 days of the filing of the Order,

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whichever was later, or the First Amended Complaint would be dismissed as to those

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defendants who were not timely served (Doc. 23 at page 15).

Plaintiff’s Motion for Preliminary

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Therefore, Plaintiff had until November 29, 2014 to serve Defendants Vukcevic

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and Valenzuela or obtain a waiver of service. A review of the Docket reflects that

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service packets were forwarded to the U.S. Marshal on November 14, 2014. Defendant

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Vukcevic by and through his counsel executed a Waiver of Service (Doc. 30) on

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December 17, 2014.

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On December 29, 2014, Plaintiff filed a Motion for Extention [sic] of Time (Doc

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33). Plaintiff references an Order of the Court dated October 31, 2014, which does not

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appear on the Docket. Plaintiff believes the Order set forth time limits by which Plaintiff

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must “re-submit his preliminary injunction and/or 2nd Amendment.” Plaintiff requests an

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extension of time of 60 days to “re-submit his motions.” The Order (Doc. 23) of

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September 30, 2014 does not set forth time limits by which Plaintiff must re-submit a

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motion.
The Court denied Plaintiff’s Preliminary Injunction (Doc. 23) without prejudice.
Therefore, Plaintiff is not precluded from re-asserting a request for injunctive relief.

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Plaintiff has already filed one Amended Complaint. Pursuant to Rule 15(a)(2),

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Fed. R. Civ. P, a party may thereafter amend its pleading only with the opposing party’s

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written consent or leave of the Court. Therefore, Plaintiff must file a Motion to Amend

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should he wish to file a Second Amended Complaint without consent of all parties. No

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Scheduling Order has issued at this time because no Defendants have answered.

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Therefore, Plaintiff’s request for an extension of time to file a motion to amend or

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subsequent request for injunctive relief is not necessary.

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The Motion for Extention [sic] of Time (Doc 33) is denied.

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Dated this 14th day of January, 2015.

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Honorable Eileen S. Willett
United States Magistrate Judge

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