Free Reply to Response to Motion - District Court of Arizona - Arizona

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Terry Goddard Attorney General Susanna C. Pineda, Bar No. 011293 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Phone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Albert DeLeon, No. CV 04-0446 PHX PGR (MS) Plaintiff, v. Dora Schriro, et al., Defendants. Defendants,1 by and through undersigned counsel, hereby reply to Plaintiff's Response to their Motion for Summary Judgment (Dkt. 200) and respectfully request that this Court grant them summary judgment. Plaintiff has failed to present evidence to counter that presented by Defendants in their Motion for Summary Judgment that would raise a question of material fact. In fact, Plaintiff's response merely reiterates the DEFENDANTS' REPLY TO MOTION FOR SUMMARY JUDGMENT

allegations contained in his Complaint and cites to documents that fail to demonstrate any retaliation or deliberate indifference on the part of named defendants. In fact, the only document which references any named Defendant is an Inmate Letter dated May 8, 2004, where Plaintiff admits that Defendant Dr. Vinluan himself questioned why Plaintiff had

Dora Schriro, Ronolfo Macabuhay, Ruben Montano, Donald Sloan, Frederick Ramon, Andres Avalos, Adrian Paredez, Michael Reyna and Dr. Vinluan. NamedDefendant Jones has apparently not been served in this matter.
Case 2:04-cv-00446-JAT Document 204 Filed 02/14/2006 Page 1 of 3

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not yet received footrests for his wheelchair, and indicated that this Defendant had reordered them. Obviously, this Defendant cannot be said to be deliberately indifferent to Plaintiff's medical needs having prescribed the very item Plaintiff sought. None of Plaintiff's other exhibits demonstrate any form of indifference or retaliation on the part of any of the other named defendants. Because Plaintiff has not shown that any issues of material fact exist, and the evidence presented in Defendants' Motion for Summary Judgment supports such a conclusion, Defendants are entitled to summary judgment. For these reasons, and those stated in their Motion for Summary Judgment, Defendants respectfully request that this Court grant their motion. RESPECTFULLY SUBMITTED this 14th day of February, 2006. Terry Goddard Attorney General

s/ Susanna C. Pineda Susanna C. Pineda Assistant Attorney General Attorneys for Defendants

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Case 2:04-cv-00446-JAT Document 204 Filed 02/14/2006 Page 2 of 3

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Original e-filed this 14th day of February, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to:

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Case 2:04-cv-00446-JAT Document 204 Filed 02/14/2006 Page 3 of 3

Albert DeLeon, #032814 ASPC ­ Lewis-Morey Red P.O. Box 3300 Buckeye, AZ 85326-0303 s/ Colleen S. Jordan Legal Secretary to: Susanna C. Pineda IDS04-0271/RSK:G03-03830 #947113