Mitchell v. Stewart, et al
Federal Civil Lawsuit Arizona District Court, Case No. 2:02-cv-01461-ROS-MS
District Judge Roslyn O Silver, presiding

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No Logo Gregory Mitchell, Plaintiff
v.
No Logo Blaine Marshall, Defendant
No Logo Kristina Cintron, Defendant

Toggle Switch Represented by MACK DRUCKER & WATSON PLLC

Name Phone Fax E-Mail
Space Carlotta L Turman +1 602 778 9900 +1 602 778 9947 cturman@mackazlaw.com
No Logo Perow, Defendant

Toggle Switch Represented by MACK DRUCKER & WATSON PLLC

Name Phone Fax E-Mail
Space Carlotta L Turman +1 602 778 9900 +1 602 778 9947 cturman@mackazlaw.com
No Logo Strickland, Defendant

Toggle Switch Represented by MACK DRUCKER & WATSON PLLC

Name Phone Fax E-Mail
Space Carlotta L Turman +1 602 778 9900 +1 602 778 9947 cturman@mackazlaw.com
No Logo Terry Stewart, Defendant

Toggle Switch Represented by MACK DRUCKER & WATSON PLLC

Name Phone Fax E-Mail
Space Carlotta L Turman +1 602 778 9900 +1 602 778 9947 cturman@mackazlaw.com
Office Phoenix Division
Filed 8/1/2002
Jury Demand Plaintiff
Demand $0
Nature of Suit 555 - Civil Rights (Prison Condition)
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Pinal
Terminated 10/25/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags PPS, TERMED
  Entries (54) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 49 Filed: 11/1/2004, Entered: 11/3/2004 Mail Returned
RETURNED MAIL addressed to: Gregory Mitchell re order filed [46-1], judgment [47-1]. Moved, left no address. (KCS)
    LREF
    Blank 48 Filed: 10/25/2004, Entered: 10/27/2004 Mail Returned
    RETURNED MAIL addressed to: Gregory Mitchell re order filed [45-1]; "return to sender, moved left no address, unable to forward" (LAD)
      LREF
      Blank 47 Filed: 10/25/2004, Entered: 10/25/2004 Judgment*
      JUDGMENT: that this Court having granting Defendants' Motion to Dismiss pursuant to Fed.R.Civ.P.41(b), order [46-1], Plaintiff take nothing. This Complaint and action are hereby dismissed with prejudice. (cc: all counsel) (LSP)
        LREF
        Blank 46 Filed: 10/25/2004, Entered: 10/25/2004 OrderCourt Filing
        ORDER by Judge Mary H. Murguia (for Judge Roslyn O. Silver) granting motion to dismiss case pursuant to Rule 41(b), Fed.R.Civ.P. by dfts Terry Stewart, Strickland, Perow, Kristina Cintron [37-1]. This action is Dismissed with prejudice pursuant to Fed.R.Civ.P. 41(b). (cc: counsel) (LSP)
          LREF
          Blank 45 Filed: 10/15/2004, Entered: 10/15/2004 OrderCourt Filing
          ORDER by Judge Mary H. Murguia (for Judge Roslyn O. Silver) withdrawing the reference to the Mag Judge as to motion to dismiss case pursuant to Rule 41(b), Fed.R.Civ.P. by dfts Terry Stewart, Strickland, Perow, Kristina Cintron [37-1] only; before Judge Roslyn O. Silver. All other matters shall remain with Magistrate Judge Sitver for disposiiton as appropriate. (cc: all counsel) (LSP)
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            Blank 44 Filed: 9/13/2004, Entered: 9/14/2004 Mail Returned
            RETURNED MAIL addressed to: Gregory Mitchell re order filed [39-1] remailed 09/07/04 to 5110 N. 19th Avenue, Apt 311, Phoenix, AZ 85015 per address update (ESH)
              LREF
              Blank 43 Filed: 9/7/2004, Entered: 9/9/2004 Mail Returned
              RETURNED MAIL addressed to: Gregory Mitchell re minute entry [38-2] remailed 09/07/04 to 5110 N. 19th Avenue, Apt 311, Phoenix, AZ 85015 per address update (ESH)
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                Blank -- Filed: 9/7/2004, Entered: 9/9/2004 Mail Returned
                Text not available.
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                  Blank 42 Filed: 8/19/2004, Entered: 8/19/2004 OrderCourt Filing
                  ORDER by Mag Judge Morton Sitver: Clerk shall change pla's address of record to that contained in dft's notice filed 8/17/04; the Clerk shall send a copy of this order, and the court's 8/6/04 order #39 to pla at the address contained in dft's 8/17/04 notice; pla shall file a response to dfts motion to dismiss as ordered in the Court's 8/6/04 order within 20 days of the date of the filing of this order; all other provisions of the Court's 8/6/04 order shall remain in effect (cc: all counsel/pla by Clk-new address) re: order filed [42-1] (former emp)
                    LREF
                    Blank 41 Filed: 8/17/2004, Entered: 8/19/2004 Notice of Change of Address
                    NOTICE by dfts per the request of the Court on 8/5/04 of change of address for dft Gregory Mitchell; Add: 5110 N. 19th Avenue, Apt 311, Phoenix, AZ 85015 (former emp)
                      LREF
                      Blank 40 Filed: 8/9/2004, Entered: 8/12/2004 Mail Returned
                      RETURNED MAIL addressed to: Gregory Mitchell re order filed [35-3]; return to sender/unclaimed (former emp)
                        LREF
                        Blank 39 Filed: 8/6/2004, Entered: 8/6/2004 OrderCourt Filing
                        ORDER by Mag Judge Morton Sitver that pla has to 8/30/04 to respond to motion to dismiss case pursuant to Rule 41(b), Fed.R.Civ.P. by dfts Terry Stewart, Strickland, Perow, Kristina Cintron [37-1]and dft have to 9/17/04 to file reply and motion shall be deemed ready for decision without oral argument on day following date set for filing reply unless otherwise ordered by the court. [37-1] (cc: all counsel) (DMT)
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                          Blank 38 Filed: 8/5/2004, Entered: 8/6/2004 Minutes-MiscellaneousCourt Filing
                          MINUTE ENTRY before Mag Judge Morton Sitver. Court asks dft counsel to inquire if pla is on parole or probation; re: motion to dismiss case pursuant to Rule 41(b), Fed.R.Civ.P. by dfts Terry Stewart, Strickland, Perow, Kristina Cintron [37-1] [37-1] - dft counsel informs the court this motion has been filed and pla will have time to response to this motion; dft counsel wil file in her response the findings of her search re pla whereabouts and possible a more current address ; status hearing held [cc: all counsel] [38-2] (CMM)
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                            Blank 37 Filed: 8/5/2004, Entered: 8/6/2004, Terminated: 10/25/2004 Motion to Dismiss
                            MOTION to dismiss case pursuant to Rule 41(b), Fed.R.Civ.P. by dfts Terry Stewart, Strickland, Perow, Kristina Cintron [37-1] (LSP)
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                              Sealed Legal Document 36 Filed: 7/15/2004, Entered: 8/6/2004 Sealed Document +
                              SEALED Document: Return of service unexecuted - summons/complaint/order attempted upon dft Blaine Marshall (SAT)
                                LREF
                                Blank 35 Filed: 7/13/2004, Entered: 7/13/2004 OrderCourt Filing
                                ORDER by Mag Judge Morton Sitver status hearing set for 1:30 8/5/04 , before Mag Judge Morton Sitver ; the parties or their attorney must personally appear at the conference; sanctions may be imposed for failure to follow the Court's orders, including possible dismissal of the amended complaint and action with prejudice (cc: all counsel) (LAD)
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                                  Blank 34 Filed: 7/7/2004, Entered: 7/12/2004 Waiver of Service Executed
                                  WAIVER of Service of summons and complaint upon dft Kristina Cintron ; waiver sent on 6/3/04 (REW)
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                                    Blank 33 Filed: 7/1/2004, Entered: 7/2/2004, Terminated: 7/31/2007 Answer
                                    NOTICE OF JOINDER IN DFT's ANSWER to complaint filed 5/3/04 #26 [9-1] by dft Kristina Cintron (former emp)
                                      LREF
                                      Blank 32 Filed: 6/21/2004, Entered: 6/21/2004 OrderCourt Filing
                                      ORDER by Judge Roslyn O. Silver that pla to show cause within 20 days of date of filing of this order, for his failure to file change of address; ddl set for 7/12/04 (cc: all counsel) (DMT)
                                        LREF
                                        Sealed Legal Document 31 Filed: 5/27/2004, Entered: 5/28/2004 Sealed Document +
                                        SEALED Document re: filing under seal last known address for Marshall and Cintron re order filed [28-1] by dfts. Service packet for above sent to USM (DMT) Modified on 06/22/2004
                                          LREF
                                          Blank 30 Filed: 5/26/2004, Entered: 5/27/2004 Mail Returned
                                          RETURNED MAIL addressed to: Gregory Mitchell re order filed [23-1]; "returned to sender, not deliverable as addressed" (LAD)
                                            LREF
                                            Blank 29 Filed: 5/24/2004, Entered: 5/25/2004 Mail Returned
                                            RETURNED MAIL addressed to: Gregory Mitchell re order filed [28-1]; "returned to sender, attempted not known" (LAD)
                                              LREF
                                              Blank 28 Filed: 5/11/2004, Entered: 5/11/2004 OrderCourt Filing
                                              ORDER by Mag Judge Morton Sitver granting motion to obtain court's aid in service of listed dfts (to have Department of Correction furnish court addresses) by pla [19-1]; dfts shall file under SEAL the last known address for dfts Marshall and Centron; upon receipt, the Clerk of the Court shall prepare and send to the US Marshal's Service a service packet for service of the summons and complaint upon dfts Marshall and Centron (cc: all counsel) (former emp)
                                                LREF
                                                Blank 27 Filed: 5/11/2004, Entered: 5/11/2004 OrderCourt Filing
                                                ORDER by Mag Judge Morton Sitver ; discovery ddl set for 8/3/04 ; discovery disputes must be brought to the attention of the Court by 10/3/04; dispositive motions due 11/1/04 ; PTO ddl set for 12/30/04 (cc: all counsel) (former emp)
                                                  LREF
                                                  Blank 26 Filed: 5/3/2004, Entered: 5/5/2004 Answer
                                                  ANSWER to complaint (amended) [9-1] by dft Terry Stewart, dft Strickland, dft Perow (FMP)
                                                    LREF
                                                    Blank 25 Filed: 4/26/2004, Entered: 4/29/2004 Mail Returned
                                                    RETURNED MAIL addressed to: Gregory Mitchell re order filed [23-1] (remailed to a new address) (TLJ)
                                                      LREF
                                                      Blank 23 Filed: 4/22/2004, Entered: 4/22/2004 OrderCourt Filing
                                                      ORDER by Mag Judge Morton Sitver granting motion for enlargement of time to answer 1st amd complaint by dft Terry Stewart, dft Strickland, dft Perow [22-1]; dfts will have until 5/3/04 to file their responsive pleading (cc: all counsel) (former emp)
                                                        LREF
                                                        Blank 24 Filed: 4/20/2004, Entered: 4/22/2004 Notice of Change of Address
                                                        NOTICE by pla Gregory Mitchell of change of address, 813 W. Madison, Phoenix, AZ 85007 (former emp)
                                                          LREF
                                                          Blank 22 Filed: 4/19/2004, Entered: 4/21/2004, Terminated: 4/22/2004 Motion for Extension of Time
                                                          MOTION for enlargement of time to answer 1st amd complaint by dft Terry Stewart, dft Strickland, dft Perow [22-1] (TCA)
                                                            LREF
                                                            Blank 21 Filed: 3/29/2004, Entered: 3/30/2004 Certificate Of Service.
                                                            CERTIFICATE of mailing 2/13/04 request for clarification by pla (DMT)
                                                              LREF
                                                              Blank 20 Filed: 3/24/2004, Entered: 3/25/2004 Waiver of Service Executed
                                                              WAIVER of Service of summons and complaint upon dft Perow ; waiver sent on 3/4/04 (DMT)
                                                                LREF
                                                                Blank 19 Filed: 3/19/2004, Entered: 3/22/2004, Terminated: 5/11/2004 Motion for Miscellaneous Relief
                                                                MOTION to obtain court's aid in service of listed dfts (to have Department of Correction furnish court addresses) by pla [19-1] (DMT)
                                                                  LREF
                                                                  Blank 18 Filed: 3/19/2004, Entered: 3/22/2004 Waiver of Service Executed
                                                                  WAIVER of Service of summons and complaint upon dft Strickland ; waiver sent on 2/18/04 (DMT)
                                                                    LREF
                                                                    Blank 17 Filed: 3/19/2004, Entered: 3/22/2004 Waiver of Service Executed
                                                                    WAIVER of Service of summons and complaint upon dft Terry Stewart ; waiver sent on 2/19/04 (DMT)
                                                                      LREF
                                                                      Blank 16 Filed: 3/15/2004, Entered: 3/15/2004 Service - Miscellaneous
                                                                      RETURN OF SERVICE UNEXECUTED - summons, complaint attempted upon dft Blaine Marshall (DMT)
                                                                        LREF
                                                                        Blank -- Filed: 3/2/2004, Entered: 3/2/2004 Service Packet Forwarded to USMS
                                                                        USM 285, summons/notice/complaint/order, forwarded to USMS this date as to dft Perow . (ESH)
                                                                          LREF
                                                                          Blank 15 Filed: 3/1/2004, Entered: 3/3/2004 Service - Miscellaneous
                                                                          RETURN OF SERVICE UNEXECUTED - summons, complaint attempted upon dft Centron (DMT)
                                                                            LREF
                                                                            Blank -- Filed: 2/27/2004, Entered: 3/2/2004 Remark re Service Packets Received
                                                                            Service Packets received on 02/27/4 from pla as to dft Perow (ESH)
                                                                              LREF
                                                                              Blank 14 Filed: 2/23/2004, Entered: 2/23/2004 OrderCourt Filing
                                                                              ORDER by Mag Judge Morton Sitver granting motion for clarification status of a listed dft by pla [13-1] to the extent contained herein, that Clerk send pla an additional service packet for dft Perow. Pla shall return the completed service packet to the Clerk within 20 days of the date of the filing of this order. Upon receipt of service packet, clerk shall forward the service packet, a copy of the 1/30/04 order an a copy of this order to the USM for service on dft Perow. All other aspects of the Court's 1/30/04 order shall remain in effect (cc: all counsel with all forsm) (DMT)
                                                                                LREF
                                                                                Blank -- Filed: 2/18/2004, Entered: 2/18/2004 Service Packet Forwarded to USMS
                                                                                USM 285, summons/notice/complaint/order, forwarded to USMS this date as to dft Terry Stewart, dft Centron, dft Strickland, dft Blaine Marshall . (ESH)
                                                                                  LREF
                                                                                  Blank 13 Filed: 2/13/2004, Entered: 2/18/2004, Terminated: 2/23/2004 Motion for Miscellaneous Relief
                                                                                  MOTION for clarification status of a listed dft by pla [13-1] (DMT)
                                                                                    LREF
                                                                                    Blank 12 Filed: 2/13/2004, Entered: 2/18/2004 Notice of Change of Address
                                                                                    NOTICE by pla of change of address to ASPC Florence C-B-6 Box 8400 3-B-29 Florence, AZ 85232 (DMT)
                                                                                      LREF
                                                                                      Blank -- Filed: 2/13/2004, Entered: 2/18/2004 Remark re Service Packets Received
                                                                                      Service Packets received on 02/13/04 from pla as to dft Terry Stewart, dft Centron, dft Strickland, dft Blaine Marshall (ESH)
                                                                                        LREF
                                                                                        Blank 11 Filed: 1/30/2004, Entered: 1/30/2004 OrderCourt Filing
                                                                                        ORDER by Mag Judge Morton Sitver : that copies of summons, complaint and order to be served at Gov expense upon dfts Stewart, Centron, Strickland and Marshal; Pla shall complete and return the service packets to the Clk of Court w/in 20 days of the file date of this Order. Service packet due back by 2/19/04 FURTHER ORDERED dfts shall answer or otherwise respond by appropriate motion w/in the time provided by the applicable provisions of Rule 12(a) Fed. R. Civ. P. Pla's notice of address change [10-1] which court also construes in part as a motion for the status of the case is granted to the above extent Case referred to Mag Judge Morton Sitver (cc: All Cnsl with all forms to pla) (DMT)
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                                                                                          Blank 10 Filed: 1/15/2004, Entered: 1/21/2004, Terminated: 1/30/2004 Notice of Change of Address
                                                                                          NOTICE by pla of change of address to ASPC South 5-C-1 Box 8400 Florence, AZ 85232 (DMT)
                                                                                            LREF
                                                                                            Blank 9 Filed: 7/14/2003, Entered: 7/17/2003 Amended Complaint
                                                                                            FIRST AMENDED COMPLAINT by pla Gregory Mitchell ;; jury demand [1-1]; adding dft Blaine Marshall (former emp) Modified on 01/30/2004
                                                                                              LREF
                                                                                              Blank 8 Filed: 6/20/2003, Entered: 6/25/2003 Motion to Amend/Correct
                                                                                              MOTION for leave to amend complaint (pris civil rights) [1-1] by pla [8-1] to add dfts (no lodged documents (DMT)
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                                                                                                Blank 7 Filed: 1/8/2003, Entered: 1/10/2003 Notice of Change of Address
                                                                                                NOTICE by pla of change of address to ASPC Florence South Box 8400 Florence, AZ 85232 (DMT)
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                                                                                                  Blank 6 Filed: 11/22/2002, Entered: 11/25/2002 Certificate Of Service.
                                                                                                  CERTIFICATE of signature by pla per order [5-1] (DMT)
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                                                                                                    Blank 5 Filed: 10/31/2002, Entered: 10/31/2002 OrderCourt Filing
                                                                                                    ORDER by Judge Roslyn O. Silver that within 30 days of date this order is filed, pla shall file a completed and signed certificate on the form provided with this order, certifying that pla's signature on the certificate shall serve as an original signature on his complaint. Clerk of Court directed to strike pla's complaint and enter dismissal of action without prejudice and without further notice to pla, if he fails to timely comply. Clerk of Court directed to provide pla a copy of the complaint filed on 8/1/02 ; spec. prisoner ddl set for 12/2/02 (cc: all counsel with above indicated forms) (DMT)
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                                                                                                      Blank 4 Filed: 9/16/2002, Entered: 9/17/2002 Notice of Change of Address
                                                                                                      NOTICE by pla of change of address to ASPC Eyman SMUI Box 4000 3-B-37 Florence, AZ 85232 (DMT)
                                                                                                        LREF
                                                                                                        Blank 3 Filed: 9/5/2002, Entered: 9/10/2002 Notice of Change of Address
                                                                                                        NOTICE by pla of change of address ASPC Eyman SMUI 3-D-7 Box 4000 Florence, AZ 85232 (DMT)
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                                                                                                          Blank 2 Filed: 8/1/2002, Entered: 8/2/2002 Notice Of AssignmentCourt Filing
                                                                                                          NOTICE of Assignment; case is assigned to Judge Roslyn O. Silver and is referred to Morton Sitver (PS) and Court's Legal Staff for review. (TLJ)
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                                                                                                            Blank 1 Filed: 8/1/2002, Entered: 8/2/2002 Complaint
                                                                                                            PRISONER Civil Rights Complaint filed. (TLJ)
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