STATE OF ARIZONA v. USDC-AZT
The Ninth Circuit Court of Appeals today released an opinion in STATE OF ARIZONA v. USDC-AZT, No. 07-70300, a habeas corpus appeal. The panel consisted of Alex Kozinski, Chief Judge, Ronald M. Gould and Consuelo M. Callahan, Circuit Judges.
PER CURIAM This is a petition for a writ of prohibition. Petitioners-State of Arizona, its Attorney General Terry Goddard and Assistant Attorney General Paul E. Carter –seek our intervention, pursuant to 28 U.S.C. § 1651(a), to prohibit the district court from enforcing portions of a scheduling order entered in a prisoner civil rights lawsuit filed by real party in interest Robert V. Tuzon. Petitioners object to provisions of the order that call for petitioners to undertake a review of the subject matter of Tuzon’s amended complaint, and to file a report with the district court about their findings. We requested a response from the district court because the propriety of the district court’s order is an issue of first impression in this circuit. We have reviewed the responses from the district court, petitioners and the real party in interest, as well as the record of the district court case, and we deny the petition. I. FACTS AND PROCEDURAL HISTORY On May 6, 2004, Tuzon filed a complaint seeking relief under 42 U.S.C. § 1983. On March 1, 2005, the district court screened the complaint, granted Tuzon in forma pauperis status and directed that the complaint be served. On January 17, 2006, Tuzon filed an amended complaint alleging, inter alia, damages in connection with (1) an attack on Tuzon by other. . .