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 28 Earl Felton Crago, Jr., Plaintiff -vsDora B. Schriro, et al., Defendant(s) CV-03-0916-PHX-EHC (JI) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

This action was commenced by the filing of Plaintiff's Complaint (#1) on May 15, 2003. Plaintiff 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, Circum, Bush, Ford, Wilson, Gutierrez, Butler, Woods, Marshall, Florence Complex Warden, Central Unity Deputy Warden, Graveyard Shift Supervisor, and Padilla. Service has been returned unexecuted on Defendants Bush (#26) and Marshal (#27). Defendants Schriro, Ryan, Kirkum, Ford, Willson, Guiterrrez, Butler, Cluff, Schuster, Padilla and Lucas filed a Motion to Dismiss (#49) on August 25, 2004. Defendants Sleeth/Hinds, and Woods joined (#77) in the Motion. That motion was denied in part, and granted in part, and Count III was dismissed without prejudice. (Order 3/9/5, # 95.) On March 16, 2005 an Answer (#97) was filed by Defendants Padilla, Woods, Ford, Wilson, and Gutierrez only. Defendants Schriro, Cluff, Schuster, Butler, Lucas, Kirkham and Sleeth/Hinds did not joint in the Answer, on the basis that the only claim against them was that in the dismissed Count III. Thus, it appears that Defendants Bush and Marshall remain unserved, and have not answered or otherwise appeared in this action. Pursuant to Local Rule 2.12(b)(3)(B), the presumptive maximum service date was August 2, 2004 (the later of 120 days from the filing
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date or 60 days from the service Order date). The time for completion of service is long since passed. IT IS THEREFORE ORDERED that within ten days of the filing of this Order, Plaintiff shall show cause why Defendants Bush and Marshall should not be dismissed for failure to serve. IT IS FURTHER ORDERED that within ten days of the filing of this Order, Plaintiff shall show cause why, in light of the dismissal of Count III, Defendants Schriro, Cluff, Schuster, Butler, Lucas, Kirkham and Sleeth/Hinds should not be dismissed.

DATED: August 30, 2005
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_____________________________________ JAY R. IRWIN United States Magistrate Judge

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

Document 1272 - Filed 08/31/2005 -

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