Pesqueira #126613 v. Ryan et al

Filing 12

ORDER (Service Packet) re: Plaintiff's Motion to Alter or Amend (Doc. 10 ) is denied as moot. Defendants Corizon Health, Arlene McKamey, Christine Salas, John Doe #2, and Jane Does are dismissed without prejudice. Defendant Sedlar must ans wer Counts One and Two of the First Amended Complaint. The Clerk of Court must send Plaintiff a service packet including the First Amended Complaint (Doc. 11 ), this Order, and both summons and request for waiver forms for Defendant Sedlar. Plaint iff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and First Amended Complaint on a Defendant within 120 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, th e action may be dismissed as to each Defendant not served. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii). This matter is referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pr etrial proceedings as authorized under 28 U.S.C. § 636(b)(1). Signed by Judge David G Campbell on 10/30/15. (Attachments: # 1 Service Packet Letter, # 2 Service Packet w/ Samples, # 3 Rule 4, # 4 Rule 4 US service, # 5 GO 14-17 & Prisoner Notice)(KGM)

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X FILED __LODGED __RECEIVED __COPY 1 2 AUGUST 22, 2014 3 CLERK US DISTRICT COURT DISTRICT OF ARIZONA 4 BY s/ M. Hudson DEPUTY 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In the matter of: ELECTRONIC SUBMISSION OF PRISONER DOCUMENTS PILOT PROJECT GENERAL ORDER 14-17 SUPERSEDES GENERAL ORDER 14-14 The Court and the Arizona Department of Corrections (ADC) have agreed to extend the following pilot project designed to reduce the cost of processing prisoner filings. 1. The Court will provide five digital senders for use in the five units of the ADC Eyman Complex: Cook, Meadows, Rynning, Browning, and SMU I. The Court will retain ownership of the digital senders. 2. ADC will provide scanners for use in six designated units of the ADC Lewis Complex: Bachman, Barchey, Buckley, Morey, Rast, and Stiner. 3. Eyman and Lewis Complex staff will scan to PDF and, after quality review, email to the Court all documents presented by prisoners for filing with the Court. The original documents will be returned to the prisoner. All documents submitted for filing by prisoners in the Eyman Complex and in the six designated units of the Lewis Complex must be emailed to the Court in a PDF format. Sealed cases are exempt from this pilot project. 4. The Court will receive and file the prisoners’ documents electronically. After traditional service of the prisoner’s complaint or petition and appearance by an 1 opposing party, transmission of the Notice of Electronic Filing (NEF) to 2 opposing parties who are Electronic Case Filing Registered Users constitutes 3 service of the hyperlinked document for purposes of Rule 5(b)(3) of the 4 Federal Rules of Civil Procedure. The Clerk of Court will mail a copy of the 5 prisoner’s electronically filed document to Nonregistered Users. 6 5. The Eyman Complex Units and the designated Lewis Complex Units will each 7 establish an email address for receipt of NEFs of documents filed 8 electronically. Staff in these Units will print the NEFs and the hyperlinked 9 orders and other documents filed by the Court. Receipt of copies of the NEFs 10 and hyperlinked documents by the prisoner constitutes service of the document 11 on the prisoner. 12 designated Unit, Unit staff will indicate the reason for non-delivery on the NEF 13 and email it to the Court. If the prisoner refuses delivery or is no longer at the 14 6. Opposing parties must serve filings on Eyman and Lewis prisoners by means 15 other than electronic filing as provided in Rule 5.5(h) of the Local Rules of 16 Civil Procedure and Rule 5 of the Federal Rules of Civil Procedure. Eyman 17 and Lewis staff will not provide to prisoners NEFs or the hyperlinked 18 documents filed by opposing parties. 19 7. The Court or ADC may terminate the pilot project at any time. The Court and 20 ADC must periodically evaluate the pilot project and determine whether it 21 should be continued, terminated, modified or expanded. 22 This General Order supersedes General Order 14-14. 23 DATED this 22nd day of August, 2014 24 25 26 27 28 -2- 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 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA OFFICE OF THE CLERK DEBRA D. LUCAS Visit our website at www.azd.uscourts.gov CHIEF DEPUTY CLERK SANDRA DAY O’CONNOR U. S. COURTHOUSE, SUITE 130 401 WEST WASHINGTON STREET, SPC 1 PHOENIX, ARIZONA 85003-2118 MICHAEL S. O’BRIEN CHIEF DEPUTY CLERK EVO A. DECONCINI U.S. COURTHOUSE 405 W. CONGRESS, SUITE 1500 TUCSON, ARIZONA 85701-5010 E-Filing Instructions (Updated 9/17/15) Under General Order 14-17 you are required to participate in the Prisoner Electronic Filing Program. In order to avoid delays in the processing of your documents, please follow the below guidance. 1. Only documents intended for filing in your U.S. District Court case should be submitted to the librarian for scanning. All other documents will be returned, unfiled, to the librarian. 2. Documents intended for courts other than the U.S. District Court must not be submitted to the librarian for scanning. These documents must be mailed to the appropriate court. These documents will be returned, unfiled, to the librarian. 3. Correspondence should be mailed to the court. Documents submitted electronically which appear to be correspondence will be returned, unprocessed, to the librarian. 4. You must include your complete case number on your documents in the following format: CV-13-0000-PHX or CV-13-0000-TUC. Documents without a case number which are not new cases will be returned, unfiled, to the librarian. If you are submitting more than one new case, each case must be clearly labeled or the documents will be considered one case. 5. Documents must be dark enough to be legible after the scanning process. If possible, use a dark ink pen. If an ink pen is not available, 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. write as dark as possible with a pencil. Darken all areas of carbon copy forms that may not be legible. Documents will NOT be reviewed for legibility. Your case will be delayed if the presiding judge is unable to read the documents. 6. If you are submitting multiple documents, they must be given to the librarian as separate documents. Documents scanned together will be electronically filed as one document. 7. Each page of every document must be clearly numbered in the order you wish to have them scanned. Oversized documents should be submitted to the librarian in 50 page increments and must be clearly labeled, 1 of __. Begin page numbers anew with each separate document. 8. The certificate of service should be the last page of your document. If it is filed separately without a case number it will be returned, unfiled, to the librarian. 9. The notice of electronic filing (NEF) from the Court will include the number of pages filed. 10. Do not submit two-sided documents. 11. Do not submit copies of cases or prison policies. The Court has access to them, so you only need to cite them. 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.

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