Atwood #062887 v. Days et al

Filing 37

ORDER (Service Packet) - Plaintiff's First Amended Complaint lodged at Doc. 23 must be filed as of the date that it was lodged. Plaintiff's motion to supplement the Complaint (Doc. 22 ) is denied. Plaintiff's motion for a prelim inary injunction (Doc. 3 ) is denied in part.The motion is denied except as to grab bars in the visitation area(s) used by Plaintiff and in holding cells, and associated toilet facilities. No later than 10 days from the filing date of this Order, Defendants must file a sur-reply to Plaintiff's reply in support of his motion for injunctive relief as discussed herein. Counts II and III are dismissed without prejudice. Defendants Wallis and Romney are dismissed without prejudice. Defend ants Centurion, Olmstead, Lopez, Days, and Arnold must answer Count I, as set forth herein, and Defendants Shinn and Scott must answer Count IV. The Clerk of Court must send Plaintiff a service packet, this Order, and both summons and request for w aiver forms for the unserved Defendants Centurion, Olmstead, Lopez, and Scott. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. If Plaintiff does not either obtain a wa iver of service of the summons or complete service of the Summons and First Amended Complaint on any unserved Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may b e dismissed as to each Defendant not served. Any answer or response must state the specific Defendant by name on whose behalf it is filed. This matter is referred to Magistrate Judge John Z. Boyle, including Plaintiff's motion to compel (Doc. 32 ), pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. § 636(b)(1). The Clerk of Court must promptly send a copy of this Order to Defendants' counsel at Lu [e-mail].(See document for further details). Signed by Senior Judge James A Teilborg on 9/9/2020. (Attachments: # 1 Service Packet Letter, # 2 Samples and Blank Service Forms, # 3 Blank Service Forms, # 4 Blank Service Forms, # 5 Blank Service Forms, # 6 Copy of Rule 4)(LAD)

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

OFFICE OF THE CLERK
MICHAEL S. O’BRIEN
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

CHIEF DEPUTY CLERK
EVO A. DECONCINI U.S. COURTHOUSE
405 W. CONGRESS, SUITE 1500
TUCSON, ARIZONA 85701-5010

9/9/2020

Re: Service Packet for

CV-20-623-PHX-JAT-JZB; #062887

:

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.

, DCE/Clerk

By

/L. Dixon
Deputy Clerk

Enclosures:
1 Copy of Court Order
USM 285 Form(s) w/example
Notice of Lawsuit & Request for Waiver Form(s) w/example

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.