Cagle #079874 v. Ryan et al

Filing 31

ORDER (Service Packet) - The objections are overruled and the 26 Report and Recommendation is accepted and adopted as follows; Pursuant to 28 U.S.C. 1915A, the following Counts of the 21 Second Amended Complaint are DISMISSED, WITHOUT PR EJUDICE: Counts 5-571, 572, 575-578, 580, 581, 584-593, 594-596, 597, 598, 602-607, 609-613, 619-704, 706-721, 722, 723-724, and 725. FURTHER ORDERED that pursuant to 28 U.S.C. 1915A, that the following Defendants are DISMISSED, WITHOUT PREJUDI CE: Charles Ryan, Deputy Warden Unknown Black, Bobo, Brower, Darius, DeLacerta, DeMarco, Durazo, Guilfoyle, Heet, Keefe, Koeppel, Silvas, Smith, Squires, Swanda, Thompson, Valazquez and Washburn. IT IS FURTHER ORDERED that the followin g Defendants are required to respond to the following Counts of the 21 Second Amended Complaint: Defendants Corizon (Counts 1, 614, 615, 616, 617 and 618), Nurse Unknown Black (Count 1), Mares (Count 2), Henry (Counts 3 and 4), Vick lund (Counts 3 and 4), Unknown Transportation Officers Black 1 and 2 (Count 573), Babich (Count 574), Salas (Count 579), Bishop (Count 582), Vargas (Count 583), Sharp (Count 599), Berrellez (Counts 600 and 601), Laux (Count 608) and Roman (70 5). IT IS FURTHER ORDERED that service on Defendants Corizon, Mares, Babis, Salas, Bishop, Berrellez, Henry, Vicklund, Vargas, Sharp, Roman and Laux is hereby ordered. The Clerk of the Court shall send Plaintiff a service packet including a sum mons and request for waiver forms, a copy of this Order, and a copy of Marshal's Process Receipt & Return form (USM-285) for each Defendant. Plaintiff has ninety days from the date of this order to move to amend to identify the fictitiously na med defendants, Defendants Unknown Transportation Officers Black 1 and 2 and Unknown Nurse Black, or such defendants shall thereafter be dismissed without prejudice. FINALLY ORDERED that Plaintiff's unilateral 30 motion to reassig n this case to Magistrate Judge Metcalf is denied. However, the Clerk's office shall send a Consent to Exercise of Jurisdiction by a United States Magistrate Judge form to Plaintiff and each Defendant, who may return them at their option. Sig ned by Senior Judge James A Teilborg on 10/30/2017. (Attachments: # 1 Letter, # 2 Samples and Service Packet for Dft. 1, # 3 Service Packet for Dft. 2, # 4 Service Packet for Dft. 3, # 5 Service Packet for Dft. 4, # 6 Service Packet fo r Dft. 5, # 7 Service Packet for Dft. 6, # 8 Service Packet for Dft. 7, # 9 Service Packet for Dft. 8, # 10 Service Packet for Dft. 9, # 11 Service Packet for Dft. 10, # 12 Service Packet for Dft. 11, # 13 Service Packet for Dft. 12, # 14 Instructions, # 15 Consent Form)(ATD)

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

October 31st

, 20 17

Re: Service Packet for CV-16-03912-PHX-JAT-JFM:

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

/A. Duran
Deputy Clerk

Enclosures:

1 Copy of Court Order
USM 285 Form(s) w/example
Notice of Lawsuit & Request for Waiver Form(s) w/example
               Consent to Exercise of Jurisdiction by a United States Magistrate Judge

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.