Free Response to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General KELLEY J. MORRISSEY Assistant Attorney General State Bar No. 016158 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA STEVEN ALLEN WATTS, Plaintiff, v. TERRY L. STEWART, et al., Defendants. Defendants, Stewart, Thomas, Trujillo, Ortiz, Tedla, and Woolsey, by their Counsel, respond in opposition to Plaintiff's "Request for Scheduling Discovery Order Modification" (hereinafter "Request") for the following reasons: Plaintiff, a former inmate, filed his Second Amended Complaint on September 30, 2002, alleging that Defendants violated his First Amendment rights by promulgating and carrying out the requirements of Arizona Department of Corrections ("ADC") Department Order ("DO") 704.01. (C.D. 143.) Plaintiff alleges that as a result of DO 704.01 he was prohibited from wearing dreadlocks and a beard. Id. Because he wore dreadlocks and a beard, Plaintiff alleges that he was denied access to the library, thereby denying him access to the courts; denied medical appointments; and was confined to his cell. Id. He also alleges that Defendants retaliated against him for filing a civil suit attacking DO 704.01. Id. DEFENDANTS' RESPONSE TO PLAINTIFF'S REQUEST FOR SCHEDULING DISCOVERY ORDER MODIFICATION No. CV 00-0208-PHX-SMM (ECV)

Case 2:00-cv-00208-SMM-ECV

Document 187

Filed 08/16/2005

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In his current Request, Plaintiff seeks a modified scheduling order claiming that he has been homeless and without a job since May, 2004, and has been incarcerated numerous times which hindered his ability to prosecute this case. (Request at 2-3.) On November 15, 2004, Plaintiff filed a "Request for Status Report or Courts Instruction." (C.D. 179.) In that request, Plaintiff advised this Court that he had a stable residence and address. Plaintiff filed a change of address on November 15, 2004, indicating that he was now residing in Laughlin, Nevada. (C.D. 178.) Plaintiff filed yet another change of address on June 27, 2005. (C.D. 185.) Accordingly, Plaintiff was not homeless since May, 2004, as he now asserts. Additionally, the Defendants currently have a "Motion to Dismiss Pursuant to Fed. R. Civ. P. Rule 41(b)" pending for Plaintiff's failure to prosecute this matter. (C.D. 183.) Defendants assert in their Motion to Dismiss that, pursuant to this Court's Order filed February 8, 2005, the deadline for initial disclosures was March 3, 2005.1 (C.D. 181.) As of this date, Plaintiff has failed to file his initial disclosure. Based on the documentation provided by Plaintiff in his current Request, it does not appear that he was incarcerated at the time of the initial disclosure deadline and was, therefore, not hindered in his ability to meet the deadline. Also, the deadline for Plaintiff's expert disclosure was May 3, 2005. As of this date, Plaintiff has not submitted his expert disclosure. Despite his incarcerations this past year in Nevada, Plaintiff has had ample opportunities to proceed with this case. Plaintiff , however, has not complied with the orders of this Court and is not prosecuting this case. ... ... ... As of the date of this response, Plaintiff has not responded to the Defendants' Motion to Dismiss.
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Document 187

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Because Plaintiff has not been homeless as he alleges, and has repeatedly failed to comply with the Court's Orders, Defendants respectfully request that Plaintiff's "Request for Scheduling Discovery Order Modification" be denied. RESPECTFULLY SUBMITTED on this 16th day of August, 2005. TERRY GODDARD Attorney General

s/Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

ORIGINAL of the foregoing electronically filed this 16th day of August, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 One copy of the foregoing mailed this 16th day of August, 2005, to: Steven Watts P.O. Box 31878 Laughlin, NV 89028-1878 Plaintiff Pro Per s/A. Palumbo Secretary to Kelley J. Morrissey
IDS00-0298/RM#00-71878

919064

Case 2:00-cv-00208-SMM-ECV

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