Free Order - District Court of Arizona - Arizona

SRM

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Earl Felton Crago, Jr., Plaintiff -vsDora B. S chriro, et al., Defendant(s) CV-03-0916-PHX-EHC (JI) ORDER

UNITED STATES DIS TRICT COURT DIS TRICT OF ARIZONA

Background - This action w as commenced by the filing of Plaintiff's Complaint (#1) on M ay 15, 2003. Plaint iff filed his First Amended Complaint (#12) on December 11, 2003 (#12), which was ordered served on June 2, 2004 (#16). Service was ordered to be made on Defendants Ryan, Schriro, Sleeth/Hinds, Kirkum, Bush, Ford, Wilson, Gutierrez, But ler, Woods, M arshal, Florence Complex Warden, Central Unit Deputy Warden, Graveyard Shift Supervisor, and Padilla. Service has been returned unexecuted on Defendants Bush (#26) and M arshal (#27). Defendants Bush and M arshal remain unserved, and have not ans w ered or otherwise appeared in this action. Pursuant to Local Rule 2.12(b)(3)(B), the presumptive maximum

service date was Augus t 2, 2004 (t he later of 120 days from the filing date or 60 days from the service Order date). The time for completion of service is long since passed. Order to S how Cause - On August 31, 2005, M agistrate Judge Irw in ordered Plaintiff to, within 10 days, show cause why D efendants Bush and M arshal should not be dismissed for failure t o s erve. Plaintiff has not responded to that order and has not served Defendants Bush and M arshal. IT IS THEREFORE ORDERED that Defendants Bush and M arshal are DIS MIS S ED without prejudice.

28 Case 2:03-cv-00916-EHC-JRI

Document 133 1 - Filed 10/17/2005 -

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DATED this 13th day of October, 2005.

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Document 133 2 - Filed 10/17/2005 -

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