Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Mark J. Berardoni
State Bar No. 012970 Luhrs Tower 45 West Jefferson St., Suite 810 Phoenix, Arizona 85003-2317 (602) 257-1295 Attorney for Defendant - Bryan Leland Deal

5 6 7 8 9 10 11 12 13 14 15 Undersigned counsel hereby respectfully requests that this court order that CCA/CADC ) ) Plaintiff, ) ) v. ) ) Bryan Leland Deal, ) ) Defendant. ) ) ____________________________________) United States of America, CR02-1028-001-PHX-NVW MOTION FOR INVOLUNTARY MEDICAL TREATMENT FOR DEFENDANT'S LEG INJURY ONLY IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

16 medically treat on an involuntary basis, Defendant Bryan Leland Deal, to whatever extent necessary, M ARK J. B ERARDONI A TTORNEY A T L AW 17 for injuries sustained to his leg, until his injuries are completely healed. This request is made 18 because a few weeks ago, Defendant Bryan Deal severely cut his leg on a glass shard, and after initial 19 treatment to the wound, has refused any medical treatment whatsoever to his leg. Undersigned 20 counsel was recently contacted by the Marshal's office and provided information that the medical 21 staff from CCA believes that Mr. Deal's leg, due to refusal of treatment, may be in the beginning 22 stages of gangrene, and may require amputation if left untreated. Accordingly, it is requested that 23 the Court order that CCA/CADC medical staff treat Mr. Deal's injuries on an involuntary basis 24 through the complete healing of his injury. 25 The Government, by Assistant United States Attorney, John Lopez, has been advised of the

26 motion and has no position regarding treatment of Mr. Deal on an involuntary basis. 27 EXCLUDABLE DELAY pursuant to Title 18 U.S.C.§ 3161 (h)(8)(A) will not occur as a

28 result of this motion or from any order based thereon. Case 2:02-cr-01028-NVW Document 163 Filed 02/07/2008 Page 1 of 2

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RESPECTFULLY SUBMITTED this 7th day of February, 2008.

s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Bryan Leland Deal

CERTIFICATE OF SERVICE

I hereby certify that on February 7, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing 10 to the following CM/ECF registrants: 11 Honorable Neil V. Wake United States District Judge 12 Sandra Day O'Connor U.S. Courthouse, Suite 524 401 West Washington Street, SPC 52 13 Phoenix, Arizona 85003 14 Daniel R. Drake, Esq. Assistant United States Attorney 15 Two Renaissance Square 40 N. Central Avenue, Suite 1200 16 Phoenix, Arizona 85004-4408 17 Libby Simons United States Probation Office 18 230 N. 1st Avenue, Suite 406 Phoenix, Arizona 85003 19 Bryan Leland Deal 20 21 By: s/Todd E. Babel 22 23 24 25 26 27 28 Case 2:02-cr-01028-NVW -2Document 163 Filed 02/07/2008 Page 2 of 2