Shawn Philip Triefenbach v. McGuire et al

Docket(#17) FINANCIAL ENTRY: Received $108.00 initial partial filing fee from plaintiff Shawn Philip Triefenbach on 3/14/2022, receipt number SA017729, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),, #4 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dta) (Entered: 03/16/2022)

Docket(#16) NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Michael R. Wilner. ORDERING Medical Records submitted by Plaintiff Shawn Philip Triefenbach received on March 10, 2022 is not to be filed but instead rejected. Denial based on: Rule 5 Discovery documents should not be filed with the Court. (vm) (Entered: 03/11/2022)

Docket(#15) ORDER RE: SCREENING OF FIRST AMENDED COMPLAINT by Magistrate Judge Michael R. Wilner. The Court deems the new document to be Plaintiffs attempt to file a First Amended Complaint. On that basis, the First Amended Complaint is DISMISSED with leave to amend. Plaintiffs attempt at piecemeal pleading is not permitted as a matter of federal law. If he wishes to name additional parties in an amended complaint, he must include all of his claims in a single document now to be entitled Second Amended Complaint that clearly and succinctly states the basis for relief and facts sufficient to warrant service of process. Plaintiff will have until April 11 to do so. Alternatively, Plaintiff may elect to proceed only against the OCSD defendants named in the original pleading without filing an amended complaint. No further pleading will be necessary to maintain the action against Defendants McGuire and Tovar. (See Minute Order for further details) re Amended Document (Non-Motion) #14 (vm) (Entered: 03/08/2022)

Docket(#14) AMENDED DOCUMENT to Complaint of Defendant #4 filed by Plaintiff Shawn Philip Triefenbach. (vm) (Entered: 03/07/2022)

Docket(#13) ORDER RE: SUBPOENA REQUESTS by Magistrate Judge Michael R. Wilner. The requests are denied. As an initial matter, Plaintiff is not entitled to conduct discovery at this preliminary stage of the civil case. No defendant has responded to (or even been served with) the complaint yet. It is inappropriate to permit discovery whether of a third party or party-defendant before the close of the pleadings. Fed. R. Civ. P. 26. (See Minute Order for further details) denying #11 REQUEST for Order; denying #12 REQUEST for Order (vm) (Entered: 02/22/2022)

Docket(#12) REQUEST for subpoena of records filed by plaintiff Shawn Philip Triefenbach. (vm) (Entered: 02/22/2022)

Docket(#11) REQUEST for subpoena of medical records filed by plaintiff Shawn Philip Triefenbach. (vm) (Entered: 02/22/2022)

Docket(#10) ORDER RE: APPOINTMENT OF COUNSEL by Magistrate Judge Michael R. Wilner. Plaintiff moves for appointment of an attorney in this civil rights action. (Docket # 8.) Plaintiffs request is DENIED without prejudice to reconsideration at a later stage of the lawsuit. Plaintiff also requests service of all required documents and copies of records, filings, and rules related to this action. (Docket # 9.) The request is DENIED in its entirety. (See Minute Order for further details) denying #8 REQUEST for Appointment of Counsel ; denying #9 REQUEST (vm) (Entered: 02/15/2022)

Docket(#7) 21 DAY Summons Issued as to Defendant McGuire and Tovar (Orange County Deputy Sheriff, individual capacity). re Complaint (Prisoner Civil Rights) #1 (vm) (Entered: 02/11/2022)

Docket(#6) ORDER TO UNITED STATES MARSHALS SERVICE RE: SERVICE OF PROCESS by Magistrate Judge Michael R. Wilner. IT IS HEREBY ORDERED that the United States Marshals Service is authorized to proceed with service of process without prepayment of cost upon the following defendant(s) only: 1. Orange County Sheriffs Deputy McGuire, in his/her individual capacity (badge # unknown); 2. Orange County Sheriffs Deputy Tovar, in his/her individual capacity (badge # unknown). (See Order for further details) (vm) (Entered: 02/11/2022)

Docket(#5) ORDER RE: SCREENING OF COMPLAINT by Magistrate Judge Michael R. Wilner. Based on the Courts review of Plaintiffs Complaint, IT IS HEREBY ORDERED that: The Complaint will be filed. Plaintiff is authorized to serve the Complaint on the following defendants in his / her individual capacity only: OCSD McGuire and Tovar (badge numbers unknown). Under Federal Rule of Civil Procedure 4(m), service of the summons and complaint must be accomplished on each named defendant within 90 days after the filing of the complaint. The 90-day period will expire on May 9, 2022. Plaintiff may file a Second Amended Complaint by or before March 11. (See Minute Order for further details) (vm) (Entered: 02/11/2022)

Docket(#4) ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Magistrate Judge Michael R. Wilner. IT IS ORDERED that the Request to Proceed Without Prepayment of Filing Fees is hereby GRANTED. It is further ORDERED that the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $$108.00 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (See Order for further details) granting #2 REQUEST for Leave to Proceed without Prepayment of Filing Fee. (vm) (Entered: 02/11/2022)

Docket(#3) NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and referred to Magistrate Judge Michael R. Wilner. (car) (Entered: 02/10/2022)

Docket(#2) REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Plaintiff Shawn Philip Triefenbach. (car) (Entered: 02/10/2022)

Docket(#1) CIVIL RIGHTS COMPLAINT filed against Defendants pursuant to 42 U.S.C. 1983. Case assigned to Judge Dolly M. Gee and referred to Magistrate Judge Michael R. Wilner, filed by Plaintiff Shawn Philip Triefenbach. (car) (Entered: 02/10/2022)