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Maloney v. Ryan

United States District Court, Ninth Circuit

June 20, 2013

Erik Scott Maloney, Plaintiff,
v.
Charles L. Ryan, et al. Defendants.

ORDER

ROBERT C. BROOMFIELD, Senior District Judge.

Plaintiff Erik Scott Maloney, who is confined in the Arizona State Prison Complex-Florence in Florence, Arizona, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. ยง 1983 (Doc. 1) and an Application to Proceed In Forma Pauperis ("IFP") (Doc. 2). On June 7, 2013, the court ordered defendants Ryan and Linderman to answer counts One, Two, and Three; and ordered defendant Mason to answer count Two. Ord. (Doc. 5) at 1:18-19. The court dismissed the remaining defendants without prejudice. Id. at 1:19-20. The court also granted the plaintiff's IFP application. Id.

In accordance with this court's order, the plaintiff completed the service packets as to the three remaining defendants and returned them to the Clerk's Office on June 13, 2013. That same date, the completed service packets were forwarded to the United States Marshal for service. Service has not yet been completed.

On June 13, 2013, the plaintiff filed a Motion to Appoint Counsel (Doc. 7)[1] and a Motion for a Temporary Restraining Order ("TRO") and/or Preliminary Injunction ("PI") (Doc. 8). The relief which plaintiff is seeking in his motion for a TRO and/or PI pertains directly to the "Upcoming Islamic Holy Month of Ramadan, begining [sic] on July 9, 2013 and ending on August 8, 2013." Id. at 1:24-25.

Because that beginning date is fast approaching, the court hereby ORDERS as follows:

(1) on June 20, 2013, the Clerk of the Court shall send, by first class mail a copy of this court's orders (Docs. 5 and 6), as well as a copy of plaintiff's motion for a TRO and/or PI (Doc. 8), to defendants Ryan, Linderman, and Mason, to their respective addresses as plaintiff provided in the service packets which he returned to the Clerk of the Court on June 13, 2013;

(2) the defendants shall file and serve a response to plaintiff's motion (Doc. 8) by no later than Wednesday, June 26, 2013; and

(3) if plaintiff desires to file a reply, it shall be filed and served by no later than Monday, July 1, 2013.


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