Micolo v. Pinal, County of et al

Filing 47

ORDER denying 36 Plaintiff's Motion to Add Defendant and Amend Complaint. Signed by Judge David G Campbell on 12/16/15. (EJA)

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WO

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UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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NO. CV14-02649-PHX DGC

Michael Carmine Micolo,
Plaintiff,

ORDER

v.

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County of Pinal, Pinal County Sheriff’s Office,
and Sergeant Stacy Sherwood,

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Defendants.

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Defendants have filed a status report advising the Court that Plaintiff pled guilty to
resisting arrest and was sentenced on November 30, 2015. Doc. 45. Because Plaintiff’s
criminal case has concluded, the Court will lift the stay previously imposed. See Doc. 38.
Just before the stay was imposed, Plaintiff filed a motion to amend. Doc. 36. The
motion will be denied because Plaintiff failed to comply with Local Rule of Civil
Procedure 15.1.
Defendants’ status report states that they will be filing a motion to dismiss in light
of Plaintiff’s conviction and the Supreme Court’s holding in Heck v. Humphrey, 512 U.S.
477, 487 (1994). Defendants shall file the motion to dismiss by December 31, 2015.
Plaintiff shall file a response by January 15, 2016. Defendants shall file a reply by
January 22, 2016.

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IT IS ORDERED that Plaintiff’s Motion to Add Defendant and Amend
Complaint (Doc. 36) is denied.
Dated this 16th day of December, 2015.

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