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

SRM

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Timothy Lee Ward, Plaintiff -vsKarr, et al., Defendant(s) CV-03-2159-PHX-ROS (JI) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Under consideration is Plaintiff's Motion for District Court Intervention, filed June 5, 2007 (#81). On May 23, 2007, the Court granted (#74) Plaintiff's Motion to Amend, and directed that Plaintiff file a Certificate of Service, reflecting service of the amended complaint on Defendant Stewart within ten days. Allowing for the Memorial Day Holiday on May 28, 2007, see Fed. R. Civ. Proc. 6(a), Plaintiff's filing was due June 7, 2007. On June 5, 2007, Plaintiff filed the Certificate of Service (#82), along with the current motion. Plaintiff's motion seeks an extension of time to file the Certificate of Service, citing various delays in getting copies made within the prison. Defendants have responded (#83), voicing no objection to the extension, but controverting Plaintiff's suggestions that a conspiracy against Plaintiff had prompted the delays. Plaintiff has replied (#85) offering further explanation and evidence on events leading to the delay. The Court need not address the genesis of the delay to find that Plaintiff's filing of the certificate of service was timely. The certificate was received by the Court two days before its due date. IT IS THEREFORE ORDERED that Plaintiff's Motion for District Court Intervention, filed June 5, 2007 (#81) is DENIED as moot. DATED: June 22, 2007
S:\Drafts\OutBox\03-2159-081-o Order 07 06 18 re MIntervention.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge
Document 87 1 - Filed 06/25/2007 Page 1 of 1

Case 2:03-cv-02159-ROS-JRI