Carson #091914 v. Ryan et al

Filing 214

ORDER: The Report and Recommendation 163 is ADOPTED. IT IS FURTHER ORDERED: The October 19, 2017, screening order applies to Counts One through Thirteen of the Amended Complaint, and the Amended Complaint does not revive any claims that the Court p reviously dismissed. Counts Seventeen, Eighteen, Nineteen, and Twenty, are DISMISSED. The claims against Defendant Ryan that are alleged in Counts Fourteen, Fifteen, and Sixteen are DISMISSED. Defendant Hernandez shall answer Count Fourteen, Defendan t Erwin shall answer Count Fifteen, and Defendant Ulibarri shall answer Count Sixteen. IT IS FURTHER ORDERED that the Motion for Reconsideration 212 is DENIED. IT IS FURTHER ORDERED that the Magistrate Judge should direct service on any newly named defendant and issue a scheduling order to govern the disposition of the new claims. Signed by Senior Judge Roslyn O Silver on 10/03/2018. (REK)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Phillip Lee Carson, Plaintiff, 10 11 ORDER v. 12 No. CV-17-01641-PHX-ROS (BSB) Charles L Ryan, et al., 13 Defendants. 14 On July 13, 2018, Magistrate Judge Bridget S. Bade issued a Report and 15 16 Recommendation (“R&R”) regarding Plaintiff’s Amended Complaint. (Doc. 163). 17 Plaintiff did not file any objections to the R&R. Therefore, the R&R will be adopted in 18 full. 19 Accordingly, 20 IT IS ORDERED the Report and Recommendation (Doc. 163) is ADOPTED. 21 IT IS FURTHER ORDERED as follows: 22 1. The October 19, 2017, screening order applies to Counts One through Thirteen of 23 the Amended Complaint, and the Amended Complaint does not revive any claims 24 that the Court previously dismissed. 25 2. Counts Seventeen, Eighteen, Nineteen, and Twenty, are DISMISSED. The 26 claims against Defendant Ryan that are alleged in Counts Fourteen, Fifteen, and 27 Sixteen are DISMISSED. 28 3. Defendant Hernandez shall answer Count Fourteen, Defendant Erwin shall answer 1 Count Fifteen, and Defendant Ulibarri shall answer Count Sixteen. 2 IT IS FURTHER ORDERED the Motion for Reconsideration (Doc. 212) is 3 DENIED. 4 IT IS FURTHER ORDERED the Magistrate Judge should direct service on any 5 newly named defendant and issue a scheduling order to govern the disposition of the new 6 claims. 7 Dated this 3rd day of October, 2018. 8 9 10 Honorable Roslyn O. Silver Senior United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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