Fierro v. Ryan et al

Filing 45

ORDER that the Magistrate Judge's Report and Recommendation (Doc. 31 ) is accepted and adopted by the Court. IT IS FURTHER ORDERED that Plaintiff[']s Motion for Reconsideration (Doc. 28 ), construed as a motion for leave to file a second amended complaint, is granted and the Clerk of the Court is directed to file the Second Amended Complaint attached to Doc. 28. FURTHER ORDERED that Defendants Badilla, Houze, Molera, Pitrowsky, Stephan, Fizer, Quintero, Wiggin, Jackson, Tucker, Ryan, Luen, Morales, Rojas, Malachinski, Pratt, Merchant, Rioochi, Stark, Miller, Espinoza, Anderson, Shruff, Thompson, Brown, Stowell, Greeley, Lacrone, and Theodore are dismissed from this action. FURTHER ORDERED that Count Two of the Second Amended Com plaint is dismissed. FURTHER ORDERED that Defendants McCarville, Ochoa, Pruett, Forester, Mcoffy, Smith, Shuster, and Sanders shall respond to Count One of the Second Amended Complaint. FURTHER ORDERED that Defendants Veckcovic and Brower shall respo nd to Count Three of the Second Amended Complaint. FURTHER ORDERED that Defendants Nash and East shall respond to Count Four of the Second Amended Complaint. IT IS FURTHER ORDERED That the Clerk of Court is directed send Plaintiff a service packetinc luding the Second Amended Complaint and this Order, and both summons andrequest for waiver forms for Defendants McCarville, Ochoa, Pruett, Forester, Mcoffy, Smith, Shuster, Sanders, Veckcovic, Brower, Nash, and East. That Plaintiff shall complete and return the service packet to the Clerk of Court within 21 days of the date this Order. Plaintiff is advised that the United States Marshal will not provide service of process if Plaintiff fails to comply with the Court's Order.. Signed by Seni or Judge Paul G Rosenblatt on 3/10/2015. (Attachments: # 1 Service packet letter, # 2 Sample and 1st Dft service packet, # 3 2nd Defendant, # 4 3rd Defendant, # 5 4th Defendant, # 6 5th Defendant, # 7 6th Defendant, # 8 7th Defendant, # 9 8th Defendant, # 10 9th Defendant, # 11 10th Defendant, # 12 11th Defendant, # 13 12th Defendant)(KMG)

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

3/10
Re: Service Packet for

, 20

15

CV 13-2173-PHX-PGR (BSB)

:

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

K.Gerchar
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.