Rodrigues v. Ryan

Federal Civil Lawsuit Arizona District Court, Case No. 3:16-cv-08272
District Judge Judge David G Campbell, presiding
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District Judge Judge David G Campbell
Last Updated July 28, 2025 at 3:26 AM EDT (5.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [DD84E52], Plaintiff
v.
No Logo Charles L Ryan, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher garrick.gallagher@sandersparks.com
Space Anne Marie Orcutt
Space John C Quinn John.Quinn@Sandersparks.com
No Logo Frank Shaw, Defendant
No Logo Hector Santiago, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher garrick.gallagher@sandersparks.com
Space Anne Marie Orcutt
Space John C Quinn John.Quinn@Sandersparks.com
No Logo James Winkler, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher garrick.gallagher@sandersparks.com
Space Anne Marie Orcutt
Space John C Quinn John.Quinn@Sandersparks.com
No Logo Jerry Sterns, Defendant
No Logo Management Training Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher garrick.gallagher@sandersparks.com
Space Anne Marie Orcutt
Space John C Quinn John.Quinn@Sandersparks.com
No Logo Odie Washington, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher garrick.gallagher@sandersparks.com
Space Anne Marie Orcutt
Space John C Quinn John.Quinn@Sandersparks.com
No Logo Pamela Rider, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher garrick.gallagher@sandersparks.com
Space Anne Marie Orcutt
Space John C Quinn John.Quinn@Sandersparks.com
No Logo R Scott Marquardt, Defendant
No Logo Shahana Frederick, Defendant
No Logo Shahna Fredrick, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt
Space John C Quinn John.Quinn@Sandersparks.com
No Logo Tara R Diaz, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher garrick.gallagher@sandersparks.com
Space Anne Marie Orcutt
Space John C Quinn John.Quinn@Sandersparks.com
No Logo Unknown Party, Defendant
Attributes
Citation Section 42 U.S.C. § 1983
Nature of Suit Prisoner: Prison Condition
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 155 Filed: 6/24/2019, Entered: 6/25/2019
Mail Returned as Undeliverable. Mail sent to DD84E52. Reason for return: Attempted - Not Known, Unable to Forward. Document number 154 . (SST)
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Legal Document (Payment Possibly Required) 154 Filed: 1/31/2019, Entered: 1/31/2019 Court Filing
ORDER granting 153 Stipulation of Dismissal - The above-entitled matter is dismissed with prejudice, each party to bear its own costs and attorneys' fees. Signed by Senior Judge David G Campbell on 1/31/19. (LAD)
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Legal Document (Payment Possibly Required) 153 Filed: 1/31/2019, Entered: 1/31/2019
STIPULATION of Dismissal by Tara R Diaz, Shahna Fredrick, Management Training Corporation, R Scott Marquardt, Pamela Rider, Charles L Ryan, Hector Santiago, Frank Shaw, Jerry Sterns, Odie Washington, James Winkler. (Attachments: # 1 Text of Proposed Order Order of Dismissal)(Quinn, John)
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Legal Document (Payment Possibly Required) 152 Filed: 1/31/2019, Entered: 1/31/2019
NOTICE of Settlement by Tara R Diaz, Shahna Fredrick, Management Training Corporation, R Scott Marquardt, Pamela Rider, Charles L Ryan, Hector Santiago, Frank Shaw, Jerry Sterns, Odie Washington, James Winkler. (Quinn, John)
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Legal Document (Payment Possibly Required) 151 Filed: 1/24/2019, Entered: 1/24/2019 Court Filing
ORDER - The Court has considered Plaintiff's Answer to District Court Order to Show Cause (DK 146 ) (Doc. 149 ), his Declaration (Doc. 150 ), and Notice of Change of Address (Doc. 148 ). Plaintiff has shown good cause to allow his case to proceed. Plaintiff is now in compliance with the Court's Order. Signed by Magistrate Judge Eileen S Willett on 1/22/19. (LAD)
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Legal Document (Payment Possibly Required) 150 Filed: 1/22/2019, Entered: 1/22/2019
DECLARATION of DD84E52 re: 149 Response to Order to Show Cause by Plaintiff DD84E52. (3 pages) (REK)
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Legal Document (Payment Possibly Required) 149 Filed: 1/22/2019, Entered: 1/22/2019
RESPONSE TO ORDER TO SHOW CAUSE re: 146 Order to Show Cause by Plaintiff DD84E52. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 148 Filed: 1/22/2019, Entered: 1/22/2019
NOTICE OF PARTY'S CHANGE OF ADDRESS by DD84E52: Circle of the City Acute Medical Respite, 333 W Indian School Rd., Phoenix, AZ 85013. (1 page) (REK)
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Legal Document (Payment Possibly Required) 147 Filed: 1/11/2019, Entered: 1/11/2019
NOTICE re: of Communication from Plaintiff (Pro Se) Regarding the Status of His Health by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler re: 146 Order to Show Cause . (Attachments: # 1 Exhibit A)(Quinn, John)
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Legal Document (Payment Possibly Required) 146 Filed: 12/21/2018, Entered: 12/21/2018 Court Filing
ORDER - IT IS ORDERED that the Plaintiff show cause no later than January 11, 2019 why this case should not be dismissed for Plaintiff's failure to (i) abide by the Court's Order, and (ii) prosecute the case pursuant to Fed. R. Civ. P. 41(b). Signed by Magistrate Judge Eileen S Willett on 12/21/18. (LAD)
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Legal Document (Payment Possibly Required) 145 Filed: 12/19/2018, Entered: 12/20/2018
Mail Returned as Undeliverable. Mail sent to DD84E52. Reason for return: Return to Sender, Not Deliverable as Addressed, Unable to Forward. Document number 144 . (LAD)
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Legal Document (Payment Possibly Required) 144 Filed: 12/13/2018, Entered: 12/13/2018 Court Filing
ORDER - The Court has considered Joint Motion to Extend Litigation and Discovery Deadlines (Doc. 143 ). Good cause has not been shown to justify a 180 day continuance of the deadlines set forth in the Court's Scheduling Order (Doc. 141 ). The Joint Motion (Doc. 143 ) is denied. Signed by Magistrate Judge Eileen S Willett on 12/13/18. (LAD)
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Legal Document (Payment Possibly Required) 143 Filed: 12/4/2018, Entered: 12/4/2018
Joint MOTION for Extension of Time to Extend Litigation and Discovery Deadlines by Tara R Diaz, Shahna Fredrick, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Attachments: # 1 Text of Proposed Order Proposed Amended Scheduling Order)(Quinn, John)
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Legal Document (Payment Possibly Required) 142 Filed: 10/5/2018, Entered: 10/5/2018
NOTICE OF PARTY'S CHANGE OF ADDRESS by DD84E52: 4400 W Missouri Ave., #125, Glendale, AZ 85301. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 141 Filed: 8/7/2018, Entered: 8/7/2018 Court Filing
SCHEDULING ORDER - Discovery due by 1/2/2019. Dispositive motions due by 2/1/2019. Proposed Pretrial Order due by 8/6/2019.(See document for complete details). Signed by Magistrate Judge Eileen S Willett on 8/7/18. (SLQ)
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Legal Document (Payment Possibly Required) 140 Filed: 7/31/2018, Entered: 8/1/2018
NOTICE OF PARTY'S CHANGE OF ADDRESS by DD84E52: 2429 W. Vista Ave, #4, Phoenix, AZ 85021. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 139 Filed: 7/27/2018, Entered: 7/27/2018
ANSWER to 99 Amended Complaint by Tara R Diaz, Shahna Fredrick, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler.(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 138 Filed: 7/6/2018, Entered: 7/6/2018 Court Filing
ORDER - IT IS ORDERED: (1) The reference to the Magistrate Judge is withdrawn as to Defendants' Motion for Summary Judgment (Doc. 91 ). (2) Defendants' Motion for Summary Judgment for failure to exhaust administrative remedies (Doc. 91 ) is denied. (3) Summary judgment is granted in favor of Plaintiff as to exhaustion of administrative remedies. (4) The Report and Recommendation of Magistrate Judge Willett (Doc. 103 ) is accepted and adopted in part as follows: (a) Counts Four, Five and Six of the Second Amended Complaint (SAC) are dismissed without prejudice; (b) Defendant John/Jane Doe must answer Count One of the SAC; (c) Defendants John/Jane Doe, Santiago, Rider, Winkler, Frederick, Ryan (in his individual capacity only), and Diaz (in his individual capacity only) must answer Count Two of the SAC; (d) Defendants MTC, Washington, Rider, Santiago, Winkler, and Frederick answer the Arizona common law negligence claim in Count Three of the SAC; (e) Defendant MTC must answer the negligent training claim in Count Three of the SAC. (5) Within sixty (60) days of the date of this Order, Plaintiff must file a "Notice of Substitution" substituting the actual name(s) of the "Doe" Defendants in Counts One and Two. Unless Plaintiff seeks and is granted an extension of time, the failure to timely file a notice of substitution will result in the dismissal of the Doe Defendants without prejudice. (6) The Court's stay of discovery pending resolution of the exhaustion issue (Doc. 109 ) is lifted. A Scheduling Order will be issued by the Magistrate Judge as a separate order. (7) All other matters must remain with the Magistrate Judge for disposition as appropriate. (See document for complete details). Signed by Judge David G Campbell on 7/6/18. (SLQ)
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Legal Document (Payment Possibly Required) 137 Filed: 6/4/2018, Entered: 6/5/2018
NOTICE OF PARTY'S CHANGE OF ADDRESS by DD84E52: 4430 N 23rd Ave, Phoenix, AZ 85015. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 136 Filed: 5/9/2018, Entered: 5/9/2018
MANDATE of USCA affirming the decision of the district court re: 68 Notice of Interlocutory Appeal, filed by DD84E52. (Attachments: # 1 Memorandum) (LAD)
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Legal Document (Payment Possibly Required) 134 Filed: 4/10/2018, Entered: 4/10/2018
SERVICE EXECUTED filed by Shahna Fredrick: Rule 4 Waiver of Service of Summons. Waiver sent on 4/5/18 to Shahna Fredrick . (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 133 Filed: 3/30/2018, Entered: 3/30/2018 Court Filing
ORDER - Withdrawing the reference to the Magistrate Judge as to Plaintiff's Objection to Magistrate Notice/Order and Motion to Stay (Doc. 121 ), and the Motion is denied as moot. Signed by Judge David G Campbell on 3/30/18. (DXD)
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Legal Document (Payment Possibly Required) 132 Filed: 3/22/2018, Entered: 3/22/2018 Court Filing
ORDER - IT IS ORDERED withdrawing the reference to the Magistrate Judge as to Plaintiff's motion for injunctive relief set forth in Plaintiff's "Notice and Motion to Compel Production and Renewed Request for Order of Protection" (Doc. 89 ), and the motion for injunctive relief is denied. (See document for complete details). Signed by Judge David G Campbell on 3/22/18. (SLQ)
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Legal Document (Payment Possibly Required) 131 Filed: 3/12/2018, Entered: 3/12/2018
REPLY to Response to Motion re: 91 MOTION for Summary Judgment filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 130 Filed: 3/1/2018, Entered: 3/1/2018 Court Filing
ORDER - IT IS ORDERED denying Plaintiff's "Notice and Motion to Compel Answer to First Amended Complaint" (Doc. 101 ). IT IS FURTHER ORDERED denying Plaintiff's "Motion to Stay Defendants' Motion for Summary Judgment and Request for Court Order" (Doc. 104 ). IT IS FURTHER ORDERED denying Plaintiff's Motion to Compel (Docs. 89 , 120 ). IT IS FURTHER ORDERED referring to the District Judge Plaintiff's renewed request for a temporary restraining order that is set forth in Plaintiff's "Notice and Motion to Compel Production and Renewed Request for Order of Protection" (Doc. 89 ). IT IS FURTHER ORDERED granting Defendants' "Motion to Quash Plaintiff's Subpoenas" (Doc. 94 ). The subpoenas duces tecum purportedly served on non-parties CO III McNamer, ADOC Division Director Joe Profiri, ADOC Deputy Director Jeff Hood, ADOC Inspector General Greg Lauchner, and Governor Doug Ducey are quashed. IT IS FURTHER ORDERED granting Defendants' "Motion to Quash Plaintiff's Subpoenas" (Doc. 108 ). The subpoenas duces tecum purportedly served on non-parties Mohave County Attorney Matt Smith and ADOC "Grievance Appeals Administrator" are quashed. IT IS FURTHER ORDERED granting Plaintiff's "Motion for Extention [sic] of Time" (Doc. 124 ). Plaintiff's Response (Doc. 127 ) filed on February 22, 2018 is deemed timely. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 2/28/18. (LAD)
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Legal Document (Payment Possibly Required) 129 Filed: 2/22/2018, Entered: 2/22/2018
DECLARATION of DD84E52 re: 127 Response to Motion for Summary Judgment by Plaintiff DD84E52. (SLQ) (17 pages).
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Legal Document (Payment Possibly Required) 128 Filed: 2/22/2018, Entered: 2/22/2018
STATEMENT OF FACTS re: 127 Response to Motion for Summary Judgment by Plaintiff DD84E52. (Attachments: # 1 Exhibit)(SLQ) (62 pages).
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Legal Document (Payment Possibly Required) 127 Filed: 2/22/2018, Entered: 2/22/2018
RESPONSE (Brief and Memoranda) to Motion re: 91 MOTION for Summary Judgment filed by DD84E52. (SLQ) (18 pages).
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Legal Document (Payment Possibly Required) 126 Filed: 2/1/2018, Entered: 2/1/2018
REPLY to Response to Motion re: 104 MOTION to Stay re: 91 MOTION for Summary Judgment filed by DD84E52. (SLQ) (4 pages).
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Legal Document (Payment Possibly Required) 125 Filed: 2/1/2018, Entered: 2/1/2018
RESPONSE to Motion re: 121 MOTION to Stay re: 100 Order filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Leonhardt, Shanks)
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Legal Document (Payment Possibly Required) 124 Filed: 1/30/2018, Entered: 1/30/2018
MOTION for Extension of Time to File Response as to 91 MOTION for Summary Judgment by DD84E52. (SLQ) (2 pages).
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Sealed Legal Document 123 Filed: 1/23/2018, Entered: 1/23/2018
Sealed Last Known Address of Defendant Fredrick by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler (MAP)
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Legal Document (Payment Possibly Required) 122 Filed: 1/23/2018, Entered: 1/23/2018 Court Filing
ORDER granting 114 Motion to Seal the Last Known Address of Defendant Fredrick. Signed by Magistrate Judge Eileen S Willett on 1/23/18. (MAP)
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Legal Document (Payment Possibly Required) 121 Filed: 1/22/2018, Entered: 1/22/2018 Court Filing
OBJECTION to Magistrate Judge Notice/Order, re: 100 Order and MOTION to Stay by DD84E52. (ATD) (2 pages)
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Legal Document (Payment Possibly Required) 120 Filed: 1/22/2018, Entered: 1/22/2018
REPLY TO RESPONSE to Motion, re: 89 Motion to Compel Production, and MOTION to Compel Production and REQUEST for Order of Protection by DD84E52. (ATD) (6 pages)
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Legal Document (Payment Possibly Required) 119 Filed: 1/22/2018, Entered: 1/22/2018
NOTICE of Service of Discovery filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 118 Filed: 1/22/2018, Entered: 1/22/2018
RESPONSE in Opposition re: 104 MOTION to Stay re: 91 MOTION for Summary Judgment filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 117 Filed: 1/22/2018, Entered: 1/22/2018
REPLY to Response to Motion re: 108 MOTION to Quash Subpoenas filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 116 Filed: 1/17/2018, Entered: 1/17/2018
NOTICE of Service of Discovery filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 115 Filed: 1/17/2018, Entered: 1/17/2018
*FILED at Doc. 123 *SEALED LODGED Proposed Last Known Address of Defendant Frederick re: 114 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne) *Modified on 1/23/2018 (MAP)*.
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Legal Document (Payment Possibly Required) 114 Filed: 1/17/2018, Entered: 1/17/2018
MOTION to Seal Document by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Attachments: # 1 Text of Proposed Order Order)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 113 Filed: 1/17/2018, Entered: 1/17/2018
RESPONSE to Motion re: 101 MOTION to Compel an Answer filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 112 Filed: 1/16/2018, Entered: 1/17/2018
NOTICE of Errata re: 106 Declaration by Plaintiff DD84E52. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 111 Filed: 1/16/2018, Entered: 1/17/2018
DECLARATION of DD84E52 re: 110 Response in Opposition to Motion by Plaintiff DD84E52. (SLQ) (30 pages).
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Legal Document (Payment Possibly Required) 110 Filed: 1/16/2018, Entered: 1/17/2018
*RESPONSE (Objection) in Opposition re: 94 MOTION to Quash Subpoenas filed by DD84E52. (SLQ) (7 pages). *Modified to add and delete document number on 1/18/2018 (LSP).
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Legal Document (Payment Possibly Required) 109 Filed: 1/16/2018, Entered: 1/16/2018 Court Filing
ORDER - IT IS ORDERED granting the Motion to Stay (Doc. 93 ). All discovery unrelated to Plaintiff's exhaustion of administrative remedies is stayed pending the Court's ruling on Defendants' Motion for Summary Judgment (Doc. 91 ). Signed by Magistrate Judge Eileen S Willett on 1/16/18. (SLQ)
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Legal Document (Payment Possibly Required) 108 Filed: 1/15/2018, Entered: 1/15/2018
MOTION to Quash Subpoenas by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Attachments: # 1 Exhibit 1 - Declaration of Counsel, # 2 Exhibit A, # 3 Text of Proposed Order Order)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 107 Filed: 1/15/2018, Entered: 1/15/2018
REPLY to Response to Motion re: 93 MOTION to Stay filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 106 Filed: 1/11/2018, Entered: 1/11/2018
DECLARATION of DD84E52 in Support of 105 Response in Opposition to Motion by Plaintiff DD84E52. (ATD) (16 pages)
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Legal Document (Payment Possibly Required) 105 Filed: 1/11/2018, Entered: 1/11/2018
RESPONSE in Opposition Plaintiff's Objection to Defendants Motion to Stay re: 93 MOTION to Stay filed by DD84E52. (ATD) (7 pages)
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Legal Document (Payment Possibly Required) 104 Filed: 1/11/2018, Entered: 1/11/2018
MOTION to Stay Defendants' 91 MOTION for Summary Judgment and REQUEST for Court Order by DD84E52. (ATD) (4 pages)
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Legal Document (Payment Possibly Required) 103 Filed: 1/10/2018, Entered: 1/10/2018 Court Filing
REPORT AND RECOMMENDATION, recommending that the Court dismiss without prejudice Count one of the 99 Second Amended Complaint. IT IS FURTHER RECOMMENDED that the Court order Defendants Doe, Santiago, Rider, Winkler, Frederick, Ryan (in his individual capacity only), and Diaz (in his individual capacity only) to answer the Eighth Amendment threat-to-safety claim contained in Count Two of the Second Amended Complaint. IT IS FURTHER RECOMMENDED that the Court order Defendants MTC, Washington, Rider, Santiago, Winkler, and Frederick to answer the Arizona common law claim for negligence in Count Three of the Second Amended Complaint; that the Court order Defendant MTC to answer the negligent training claim in Count Three of the Second Amended Complaint; that the Court dismiss Count Four of the Second Amended Complaint as to all Defendants except Defendant Doe; that the Court dismiss without prejudice Counts Five and Six of the Second Amended Complaint. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 1/9/2018. (ATD)
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Legal Document (Payment Possibly Required) 100 Filed: 1/9/2018, Entered: 1/9/2018 Court Filing
ORDER/NOTICE - WARNING TO PLAINTIFF: Plaintiff must file a response to Defendants' 91 Motion for Summary Judgment, together with a separate Statement of Facts and supporting affidavits or other appropriate exhibits, no later than February 5, 2018. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 1/8/2018. (ATD)
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Legal Document (Payment Possibly Required) 99 Filed: 1/9/2018, Entered: 1/9/2018
*SECOND AMENDED COMPLAINT against Tara R Diaz, Shahana Frederick, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler, Unknown Party filed by DD84E52. (ATD) (78 pages) *Modified on 1/10/2018 to correct spelling of Defendant Shahana Frederick (ATD).
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Legal Document (Payment Possibly Required) 98 Filed: 1/9/2018, Entered: 1/9/2018 Court Filing
ORDER granting Plaintiff's 56 "Second Notice and Motion to Amend Prisoner Civil Rights Complaint." Plaintiff's 67 "Motion for Case Index or Docket History" is granted. The Clerk of Court is directed to send Plaintiff a copy of the docket sheet in this matter. FURTHER ORDERED granting Plaintiff's 70 "Notice and Motion to Effect Service of Complaint." By January 17, 2018, defense counsel shall file under seal Defendant Frederick's last known address. FURTHER ORDERED that upon the filing of Defendant Frederick's last known address, the Clerk of Court is directed to complete a service packet for Defendant Frederick and forward it to the U.S. Marshals Service. The service packet shall include (i) the 22 First Amended Complaint; (ii) the Court's June 9, 2017 27 Order; (iii) and this Order. The deadline for service as to Defendant Frederick is extended to March 9, 2018. FURTHER ORDERED staying the deadline for Defendant Frederick to file a responsive pleading in this case pending the District Judge's ruling on the Report and Recommendation screening the Second Amended Complaint (lodged at Doc. 57 ). Signed by Magistrate Judge Eileen S Willett on 1/8/2018. (ATD)
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Legal Document (Payment Possibly Required) 102 Filed: 1/8/2018, Entered: 1/9/2018
NOTICE re: Proof of Service of Subpoenas re: Inmate Grievance Coordinator COII McNamse by DD84E52. (5 pages) (Attachments: # 1 Director Joe Proferi, # 2 Deputy Director Jeff Hood, # 3 Inspector General Derek Lauchner, # 4 Doug Ducey)(KAS)
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Legal Document (Payment Possibly Required) 101 Filed: 1/8/2018, Entered: 1/9/2018
MOTION to Compel an Answer to First Amended Complaint and NOTICE re: Failure to Answer by DD84E52. (2 pages) (KAS)
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Legal Document (Payment Possibly Required) 97 Filed: 1/5/2018, Entered: 1/5/2018
RESPONSE in Opposition re: 89 MOTION to Compel Production MOTION for Protective Order filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 96 Filed: 1/4/2018, Entered: 1/4/2018
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 95 Filed: 1/2/2018, Entered: 1/3/2018
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 94 Filed: 1/2/2018, Entered: 1/2/2018
MOTION to Quash Plaintiff's Subpoenas by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Attachments: # 1 Exhibit Declaration of Counsel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order Proposed Order)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 93 Filed: 1/2/2018, Entered: 1/2/2018
MOTION to Stay by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Attachments: # 1 Text of Proposed Order Proposed Order)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 92 Filed: 1/2/2018, Entered: 1/2/2018
STATEMENT OF FACTS re: 91 MOTION for Summary Judgment by Defendants Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit 2, # 5 Exhibit A)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 91 Filed: 1/2/2018, Entered: 1/2/2018
MOTION for Summary Judgment by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 90 Filed: 12/28/2017, Entered: 12/28/2017
DECLARATION in Support of Motion (and Notice) to Compel Production and Renewed Motion for Protective Order re: 89 by Plaintiff DD84E52. (SLQ) (89 pages).
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Legal Document (Payment Possibly Required) 89 Filed: 12/28/2017, Entered: 12/28/2017
MOTION (and Notice) to Compel Production, Renewed MOTION for Protective Order by DD84E52. (SLQ) (4 pages).
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Legal Document (Payment Possibly Required) 88 Filed: 12/28/2017, Entered: 12/28/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (4 pages).
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Legal Document (Payment Possibly Required) 87 Filed: 12/26/2017, Entered: 12/27/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 86 Filed: 12/26/2017, Entered: 12/27/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 85 Filed: 12/26/2017, Entered: 12/27/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 84 Filed: 12/26/2017, Entered: 12/27/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 83 Filed: 12/26/2017, Entered: 12/27/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 82 Filed: 12/20/2017, Entered: 12/20/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 81 Filed: 12/20/2017, Entered: 12/20/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 80 Filed: 12/20/2017, Entered: 12/20/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 79 Filed: 12/20/2017, Entered: 12/20/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 78 Filed: 12/20/2017, Entered: 12/20/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 77 Filed: 12/20/2017, Entered: 12/20/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 76 Filed: 12/20/2017, Entered: 12/20/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 75 Filed: 12/20/2017, Entered: 12/20/2017
NOTICE of Service of Discovery filed by DD84E52. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 74 Filed: 12/12/2017, Entered: 12/12/2017
ORDER of USCA appellant granted leave to proceed in forma pauperis in this appeal; prison officials to assess, collect and forward fees to the District Court pursuant to 28:1915(b)(1) and (2), re: 17-17346 as to 68 Notice of Interlocutory Appeal filed by DD84E52 (copy sent by the Ninth Circuit). (Attachments: # 1 Prisoner Authorization Form)(SLQ)
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Legal Document (Payment Possibly Required) 73 Filed: 12/6/2017, Entered: 12/6/2017
RESPONSE to Motion re: 70 MOTION for Service filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 72 Filed: 12/6/2017, Entered: 12/6/2017 Court Filing
ORDER - The reference to the Magistrate Judge is withdrawn as to Defendants' Motion to Dismiss (Doc. 24 ). Defendants' Motion to Dismiss (Doc. 24 ) is granted in part and denied in part. The Motion is granted as to Plaintiff's Eighth Amendment official capacity claims against Ryan and Diaz and Plaintiff's negligence claim against Diaz in Count Three. The Motion is denied in all other respects. (See document for further details). Signed by Judge David G Campbell on 12/6/17. (SLQ)
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Legal Document (Payment Possibly Required) 71 Filed: 11/30/2017, Entered: 12/1/2017
NOTICE Pursuant to Rule 45(a)(4) re: Core Civic by DD84E52. (5 pages) (Attachments: # 1 Division Director, # 2 Deputy Director, # 3 Inspector General, # 4 Govenor Doug Ducey)(KAS)
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Legal Document (Payment Possibly Required) 69 Filed: 11/21/2017, Entered: 11/21/2017
USCA Case Number re: 68 Notice of Interlocutory Appeal; Ninth Circuit Case number 17-17346. (copies sent by the Ninth Circuit) (ATD)
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Legal Document (Payment Possibly Required) 70 Filed: 11/20/2017, Entered: 11/22/2017
Notice and MOTION for Service by DD84E52. (2 pages) (EJA)
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Legal Document (Payment Possibly Required) 68 Filed: 11/17/2017, Entered: 11/17/2017
NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 66 Order on Motion for TRO, Order on Motion for Preliminary Injunction by DD84E52. (Attachments: # 1 Motion to Appeal In Forma Pauperis)(SLQ)(3 pages. Note: Plaintiff's Motion to Proceed In Forma Pauperis granted by order 7 on 3/1/17).
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Legal Document (Payment Possibly Required) 67 Filed: 11/17/2017, Entered: 11/17/2017
MOTION for Case Index or Docket History by DD84E52. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 66 Filed: 11/3/2017, Entered: 11/3/2017 Court Filing
ORDER - The reference to the Magistrate Judge is withdrawn as to Plaintiff's 58 Motion for Preliminary Injunction and Temporary Restraining Order. Plaintiff's 58 Motion for Preliminary Injunction and Temporary Restraining Order is denied. Signed by Judge David G Campbell on 11/3/2017. (ATD)
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Legal Document (Payment Possibly Required) 65 Filed: 10/30/2017, Entered: 10/31/2017
REPLY to Response to Motion re: 58 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by DD84E52. (Attachments: # 1 Part 2 of 3, # 2 Part 3 of 3) (ATD) (70 pages)
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Legal Document (Payment Possibly Required) 64 Filed: 10/10/2017, Entered: 10/11/2017
Sur-REPLY to 24 MOTION to Dismiss for Failure to State a Claim by Plaintiff DD84E52. (3 pages) (EJA)
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Legal Document (Payment Possibly Required) 63 Filed: 10/10/2017, Entered: 10/10/2017
RESPONSE to Motion re: 58 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Tara R Diaz, Management Training Corporation, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler. (Attachments: # 1 Exhibit 1)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 62 Filed: 9/29/2017, Entered: 9/29/2017
NOTICE by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler re: 56 MOTION to Amend/Correct 20 Amended Complaint . (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 61 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
ORDER requiring Defendants to respond to Plaintiff's Motion (Doc. 58 ) no later than October 13, 2017. Plaintiff may file a reply within seven days of service of Defendants' response. Signed by Magistrate Judge Eileen S Willett on 9/26/17. (EJA)
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Legal Document (Payment Possibly Required) 60 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
ORDER denying 32 Plaintiff's Motion to Strike. ORDERED denying MTC Defendants' "Motion for Leave to Supplement Their Reply in Support of Motion to Rescind Plaintiff's Ability to Proceed in Forma Pauperis" (Doc. 36 ). ORDERED denying the "MTC Defendants' Motion to Rescind Plaintiff's Ability to Proceed in Forma Pauperis" (Doc. 25 ). ORDERED granting Plaintiff's "Motion to Amend Application to Proceed In Forma Pauperis" (Doc. 28 ). ORDERED granting Plaintiff's Amended Application to Proceed In Forma Pauperis (Doc. 29 ). ORDERED denying Plaintiff's "[Rule] 12(e) Motion for More Definite Statement" (Doc. 35). ORDERED granting Plaintiff's "Motion to Permit Supplemental Response to MTC Defendants Reply in Support of Motion to Dismiss" (Doc. 51 ). FURTHER ORDERED that Plaintiff may file a sur-reply that addresses only the MTC Defendants' allegation in their Reply (Doc. 46 at 4) that Plaintiff falsified the September 10, 2015 Inmate Grievance Appeal that Plaintiff submitted to the Court (Doc. 39 at 28). The deadline for filing the sur-reply is October 10, 2017. Signed by Magistrate Judge Eileen S Willett on 9/26/17.(EJA)
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Legal Document (Payment Possibly Required) 59 Filed: 9/25/2017, Entered: 9/25/2017
MEMORANDUM of Points and Authorities in Support of 58 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff DD84E52. (23 pages) (KAS)
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Legal Document (Payment Possibly Required) 58 Filed: 9/25/2017, Entered: 9/25/2017
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by DD84E52. (3 pages) (KAS)
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Legal Document (Payment Possibly Required) 57 Filed: 9/18/2017, Entered: 9/18/2017
***FILED at (Doc. 99 )--LODGED Proposed Second Amended Complaint re: 56 MOTION to Amend/Correct 20 Amended Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by DD84E52. (ATD) (78 pages) Modified on 1/9/2018 (ATD).
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Legal Document (Payment Possibly Required) 56 Filed: 9/18/2017, Entered: 9/18/2017
Second Notice and MOTION to Amend/Correct 20 Amended Complaint by DD84E52. (ATD) (2 pages)
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Legal Document (Payment Possibly Required) 55 Filed: 9/14/2017, Entered: 9/14/2017
*NOTICE of Attorney Substitution by Anne Marie Orcutt and Garrick L Gallagher and terminating Victoria Vaughn. (Orcutt, Anne) *Modified on 9/15/2017 to correct event (ATD).
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Legal Document (Payment Possibly Required) 54 Filed: 8/28/2017, Entered: 8/28/2017
Corporate Disclosure Statement by Management Training Corporation. (Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 53 Filed: 8/14/2017, Entered: 8/14/2017
Joinder re: 24 MOTION to Dismiss for Failure to State a Claim , 46 Reply to Response to Motion to Dismiss for Failure to State a Claim by Defendants Management Training Corporation, Odie Washington. filed by Management Training Corporation, Odie Washington. (Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 52 Filed: 7/31/2017, Entered: 8/1/2017
LODGED Proposed Supplental Response to Defendant's Reply in Support of 24 Motion to Dismiss re: 51 MOTION for Leave to File Supplental Response to Defendant's Reply in Support of 24 Motion to Dismiss. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by DD84E52. (ATD) (5 pages)
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Legal Document (Payment Possibly Required) 51 Filed: 7/31/2017, Entered: 8/1/2017
MOTION for Leave to File Supplental Response to Defendant's Reply in Support of 24 Motion to Dismiss by DD84E52. (ATD) (2 pages)
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Legal Document (Payment Possibly Required) 50 Filed: 7/21/2017, Entered: 7/24/2017
REPLY to Defendant's Response 41 re: 38 Notice (Other) and Request for Preservation of Records, Documents, and Tangible Things by Plaintiff DD84E52. (SLQ) (10 pages).
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Legal Document (Payment Possibly Required) 49 Filed: 7/18/2017, Entered: 7/19/2017
Service Returned Unexecuted: Summons, Complaint and Order as to Shahna Fredrick. (KAS)
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Legal Document (Payment Possibly Required) 48 Filed: 7/17/2017, Entered: 7/18/2017
REPLY to Response to Motion re: 35 MOTION More Definitive Statement filed by DD84E52. (6 pages) (KAS)
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Legal Document (Payment Possibly Required) 47 Filed: 7/17/2017, Entered: 7/17/2017
REPLY to Response to Motion re: 36 MOTION for Leave to File Supplement to MTC Defendants' Reply in Support of Their Motion to Rescind Plaintiff's Ability to Proceed in Forma Pauperis filed by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 46 Filed: 7/14/2017, Entered: 7/14/2017
REPLY to Response to Motion re: 24 MOTION to Dismiss for Failure to State a Claim filed by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Attachments: # 1 Exhibit 1)(Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 44 Filed: 7/11/2017, Entered: 7/11/2017
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 6/29/17 to Management Training Corporation. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 43 Filed: 7/11/2017, Entered: 7/11/2017
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 6/29/17 to Odie Washington. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 45 Filed: 7/10/2017, Entered: 7/11/2017
RESPONSE (Objection) re: 36 MOTION for Leave to File Supplement to MTC Defendants' Reply in Support of Their Motion to Rescind Plaintiff's Ability to Proceed in Forma Pauperis filed by DD84E52. (SLQ) (3 pages).
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Legal Document (Payment Possibly Required) 42 Filed: 7/7/2017, Entered: 7/10/2017
NOTICE re: Revised Certificate of Service by DD84E52 re: 38 Notice and Request for Preservation of Records, Documents, and Tangible Things (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 41 Filed: 7/6/2017, Entered: 7/6/2017
RESPONSE re: 38 Notice (Other) and Request for Preservation of Records Documents and Tangible Things by Defendants Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 40 Filed: 7/5/2017, Entered: 7/5/2017
RESPONSE to Motion re: 35 MOTION More Definitive Statement filed by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Attachments: # 1 Exhibit A)(Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 39 Filed: 6/29/2017, Entered: 6/30/2017
RESPONSE (Memoranda of Points and Authorities) in Opposition re: 24 MOTION to Dismiss for Failure to State a Claim filed by DD84E52. (SLQ) (30 pages).
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Legal Document (Payment Possibly Required) 38 Filed: 6/27/2017, Entered: 6/27/2017
NOTICE and Request for Preservation of Records, Documents, and Tangible Things by DD84E52. (SLQ) (4 pages).
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Legal Document (Payment Possibly Required) 37 Filed: 6/26/2017, Entered: 6/26/2017
LODGED Proposed Supplement to MTC Defendants' Reply in Support of Their Motion to Rescind Plaintiff's Ability to Proceed in Forma Pauperis re: 36 MOTION for Leave to File Supplement to MTC Defendants' Reply in Support of Their Motion to Rescind Plaintiff's Ability to Proceed in Forma Pauperis . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 (part 1), # 7 Exhibit 6 (part 2))(Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 36 Filed: 6/26/2017, Entered: 6/26/2017
*MOTION for Leave to File Supplement to MTC Defendants' Reply in Support of Their Motion to Rescind Plaintiff's Ability to Proceed in Forma Pauperis 33 by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Attachments: # 1 Text of Proposed Order)(Vaughn, Victoria) *Modified to add document link on 6/27/2017 (SLQ).
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Legal Document (Payment Possibly Required) 35 Filed: 6/23/2017, Entered: 6/23/2017
MOTION for More Definitive Statement by DD84E52. (39 pages) (KAS)
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Legal Document (Payment Possibly Required) 34 Filed: 6/20/2017, Entered: 6/20/2017 Court Filing
ORDER denying as moot the relief requested in Plaintiff's May 17, 2017 filing 23 Motion. Signed by Magistrate Judge Eileen S Willett on 06/20/2017.(KAS)
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Legal Document (Payment Possibly Required) 33 Filed: 6/19/2017, Entered: 6/19/2017
*RESPONSE in Opposition re: 32 MOTION to Strike 25 MOTION to Rescind Plaintiff's Ability to Proceed in Forma Pauperis and REPLY in Support of 25 MOTION to Rescind Plaintiff's Ability to Proceed in Forma Pauperis filed by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Vaughn, Victoria) *Modified to correct reference to related documents on 6/20/2017 (KAS).
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Legal Document (Payment Possibly Required) 32 Filed: 6/16/2017, Entered: 6/19/2017
MOTION to Strike 25 MOTION to Rescind Plaintiff's Ability to Proceed in Forma Pauperis by DD84E52 (7 pages). *NOTE: Filed as one document with 31 Response. (KAS)
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Legal Document (Payment Possibly Required) 31 Filed: 6/16/2017, Entered: 6/19/2017
RESPONSE to Motion re: 25 MOTION to Rescind Plaintiff's Ability to Proceed in Forma Pauperis filed by DD84E52 (7 pages). *NOTE: Filed as one document with (Doc. 32 ) Motion. (KAS)
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Sealed Legal Document 30 Filed: 6/12/2017, Entered: 6/13/2017
SEALED LODGED Proposed Inmate Account Statement re: 28 MOTION to Amend/Correct 2 APPLICATION for Leave to Proceed In Forma Pauperis. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by DD84E52. (MAP)
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Legal Document (Payment Possibly Required) 29 Filed: 6/12/2017, Entered: 6/13/2017
LODGED Proposed Amended Application to Proceed In Forma Pauperis re: 28 MOTION to Amend/Correct 2 APPLICATION for Leave to Proceed In Forma Pauperis. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by DD84E52. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 28 Filed: 6/12/2017, Entered: 6/13/2017
MOTION to Amend/Correct 2 APPLICATION for Leave to Proceed In Forma Pauperis by DD84E52. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 27 Filed: 6/9/2017, Entered: 6/9/2017 Court Filing
ORDER (Service Packet): The R&R 22 is accepted. Count One of the First Amended Complaint be dismissed without prejudice. Defendants Ryan, Rider, Santiago, Diaz, Winkler, and Frederick shall answer the Eighth Amendment threat-to-safety claim contained in Count Two of the First Amended Complaint. Defendants MTC, Washington, Rider, Santiago, Diaz, Winkler, and Frederick shall answer the Arizona common law claim for negligence in Count Three. Defendant MTC shall answer the negligent training claim in Count Three. Counts Four, Five, and Six of the First Amended Complaint are dismissed without prejudice. The Clerk of Court shall send Plaintiff a service packet including the First Amended Complaint, this Order, and a copy of the Marshals Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendants MTC, Washington and Frederick. Plaintiff shall 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. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. Signed by Judge David G Campbell on 6/09/2017. (REK)
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Legal Document (Payment Possibly Required) 26 Filed: 6/2/2017, Entered: 6/2/2017 Court Filing
ORDER that Plaintiff shall have until June 30, 2017 to file a response to the Motion to Dismiss (Doc. 24 ) and Defendants shall file any reply within fifteen days from the date Plaintiff's response is filed. The Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 06/01/2017. (KAS)
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Legal Document (Payment Possibly Required) 25 Filed: 5/31/2017, Entered: 5/31/2017
MOTION to Rescind Plaintiff's Ability to Proceed in Forma Pauperis by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Text of Proposed Order)(Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 24 Filed: 5/30/2017, Entered: 5/30/2017
*MOTION to Dismiss for Failure to State a Claim by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler and Hector Santiago. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vaughn, Victoria) *Modified to add filer on 5/31/2017 (EJA).
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Legal Document (Payment Possibly Required) 23 Filed: 5/17/2017, Entered: 5/18/2017
MOTION for Service Packets by DD84E52. (1 page) (KAS)
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Legal Document (Payment Possibly Required) 22 Filed: 5/16/2017, Entered: 5/16/2017 Court Filing
REPORT AND RECOMMENDATION recommending that the Court dismiss without prejudice Count One of the First Amended Complaint. IT IS FURTHER RECOMMENDED that the Court order Defendants Ryan, Rider, Santiago, Diaz, Winkler, and Frederick to answer the Eighth Amendment threat-to-safety claim contained in Count Two of the First Amended Complaint; that the Court order Defendants MTC, Washington, Rider, Santiago, Diaz, Winkler, and Frederick to answer the Arizona common law claim for negligence in Count Three; that the Court order Defendant MTC to answer the negligent training claim in Count Three; that the Court dismiss without prejudice Counts Four, Five, and Six of the First Amended Complaint. See attached Report for details. Signed by Magistrate Judge Eileen S Willett on 05/16/2017. (KAS)
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Legal Document (Payment Possibly Required) 21 Filed: 5/15/2017, Entered: 5/15/2017 Court Filing
ORDER denying 10 Motion to Appoint Counsel. Signed by Magistrate Judge Eileen S Willett on 05/15/2017.(KAS)
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Legal Document (Payment Possibly Required) 20 Filed: 5/15/2017, Entered: 5/15/2017
AMENDED COMPLAINT against Tara R Diaz, Shahna Fredrick, Pamela Rider, Charles L Ryan, Hector Santiago, Odie Washington, James Winkler, Management Training Corporation filed by DD84E52. (63 pages)(KAS)
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Legal Document (Payment Possibly Required) 19 Filed: 5/15/2017, Entered: 5/15/2017 Court Filing
ORDER granting 9 Notice and Motion to Amend Prisoner Civil Rights Complaint. The Clerk of Court shall file the proposed First Amended Complaint attached to Plaintiff's Notice and Motion. Signed by Magistrate Judge Eileen S Willett on 05/15/2017.(KAS)
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Legal Document (Payment Possibly Required) 18 Filed: 5/9/2017, Entered: 5/9/2017
Service Returned Unexecuted: Summons and Complaint as to Shahna Fredrick. (KAS)
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Legal Document (Payment Possibly Required) 17 Filed: 5/1/2017, Entered: 5/2/2017
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 03/23/2017 to James Winkler. (KAS)
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Legal Document (Payment Possibly Required) 16 Filed: 5/1/2017, Entered: 5/2/2017
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 03/23/2017 to Pamela Rider. (KAS)
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Legal Document (Payment Possibly Required) 15 Filed: 4/20/2017, Entered: 4/20/2017
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 03/23/2017 to Charles L Ryan. (KAS)
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Legal Document (Payment Possibly Required) 14 Filed: 4/20/2017, Entered: 4/20/2017
AMENDED DOCUMENT - Amendment to 13 SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 03/23/2017 to Tara R Diaz. *Corrected page 2 (KAS)
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Legal Document (Payment Possibly Required) 13 Filed: 4/20/2017, Entered: 4/20/2017
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 03/23/2017 to Tara R Diaz. (KAS)
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Legal Document (Payment Possibly Required) 12 Filed: 4/7/2017, Entered: 4/7/2017
Service Returned Unexecuted: Summons and Complaint as to Hector Santiago. (KAS)
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Legal Document (Payment Possibly Required) 11 Filed: 4/3/2017, Entered: 4/4/2017
MEMORANDUM of Points and Authorities in Support of 10 MOTION to Appoint Counsel by Plaintiff DD84E52. (10 pages) (KAS)
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Legal Document (Payment Possibly Required) 10 Filed: 4/3/2017, Entered: 4/4/2017
MOTION to Appoint Counsel by DD84E52. (1 page) (KAS)
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Legal Document (Payment Possibly Required) 9 Filed: 4/3/2017, Entered: 4/4/2017
MOTION to Amend/Correct 1 Complaint by DD84E52. (Attachments: # 1 Red Lined Strike-Out Amended Complaint) (65 pages)(KAS)
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Legal Document (Payment Possibly Required) 8 Filed: 3/1/2017, Entered: 3/1/2017 Court Filing
ORDER Directing Monthly Payments be made from Prison Account of DD84E52. Signed by Judge David G Campbell on 2/28/17. (KGM)
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Legal Document (Payment Possibly Required) 7 Filed: 3/1/2017, Entered: 3/1/2017 Court Filing
ORDER (Service Packet): Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing fee. Plaintiff's Motion for Emergency Temporary Restraining Order and Preliminary Injunction (Doc. 5 ) is denied. Counts One, Three, Four, Five, Six, and Seven are dismissed without prejudice. Defendants Marquardt, Washington, Sterns, and Shaw are dismissed without prejudice. Defendants Ryan, Diaz, Rider, Santiago, Frederick, and Winkler must answer Count Two of the Complaint, as set forth herein. The Clerk of Court must send Plaintiff a service packet including the Complaint (Doc. 1 ), this Order, and both summons and request for waiver forms for Defendants Ryan, Diaz, Rider, Santiago, Frederick, and Winkler. 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 waiver of service of the summons or complete service of the Summons and Complaint on a 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 be dismissed as to each Defendant not served. 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 pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). Signed by Judge David G Campbell on 2/28/17. (KGM)
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Legal Document (Payment Possibly Required) 6 Filed: 12/5/2016, Entered: 12/6/2016
MEMORANDUM of Points and Authorities in Support of 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff DD84E52 (21 pages). (KGM)
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Legal Document (Payment Possibly Required) 5 Filed: 12/5/2016, Entered: 12/6/2016
Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by DD84E52 (6 pages). (KGM)
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Legal Document (Payment Possibly Required) 4 Filed: 11/17/2016, Entered: 11/18/2016
NOTICE OF ASSIGNMENT: (EJA)
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Legal Document (Payment Possibly Required) 3 Filed: 11/17/2016, Entered: 11/18/2016
Prisoner Trust Fund Account Statement by DD84E52. (8 pages) (EJA)
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Legal Document (Payment Possibly Required) 2 Filed: 11/17/2016, Entered: 11/18/2016
APPLICATION for Leave to Proceed In Forma Pauperis by DD84E52. (2 pages) (EJA)
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Legal Document (Payment Possibly Required) 1 Filed: 11/17/2016, Entered: 11/18/2016
PRISONER CIVIL RIGHTS COMPLAINT filed by DD84E52. (65 pages) (Attachments: # 1 envelope)(EJA) (Additional attachment(s) added on 1/24/2017: # 2 missing page between page 48 and 49) (EJA).
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