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 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA FELIPE J. MARTINEZ, Plaintiff, v. JAMES W. BAIRD, et al., Defendants. Defendants, Jones, Baird, Macabuhay, and Siers, respond to Plaintiff's "Notice To The Court And Request For Permission To Submit Motion For Summary Judgment" ("Motion") as follows: In his "Notice of the Department of Corrections Impeding Plaintiff's Rights of Due Process and Access to the Court" filed October 19, 2005, Plaintiff asserts that his motion for summary judgment, which he mailed to his father for copying and filing with the Court, appeared to be lost in the Arizona Department of Corrections' legal mail system. (Dkt. 79.) Plaintiff requested advice from the Court on how he should proceed. (Id.) Defendants did not respond to Plaintiff's Motion because they had received Plaintiff's current Motion in which Plaintiff acknowledges that his father received his Motion for Summary Judgment. (Dkt. 80.) DEFENDANTS' RESPONSE TO PLAINTIFF'S NOTICE TO THE COURT AND REQUEST FOR PERMISSION TO SUBMIT MOTION FOR SUMMARY JUDGMENT No. CV 03-1729-PHX-RCB (LOA)

Case 2:03-cv-01729-RCB

Document 84

Filed 11/01/2005

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Because of the delay Plaintiff allegedly experienced with mailing his Motion for Summary Judgment, Plaintiff's current Motion seeks an enlargement until November 7, 2005, to file his Motion for Summary Judgment. Defendants do not oppose Plaintiff's Motion. RESPECTFULLY SUBMITTED on this 1st day of November, 2005. TERRY GODDARD Attorney General s/ Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

Case 2:03-cv-01729-RCB

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ORIGINAL and One copy of the foregoing filed this 1st day of November, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 Copy of the foregoing has been mailed this 1st day of November, 2005, to: _ Felipe J. Martinez, #102001 ASPC-Tucson-Santa Rita Unit P.O. Box 24406 Tucson, AZ 85734 Plaintiff Pro Per s/ A. Palumbo Secretary to Kelley J. Morrissey
IDS03-0579/RM#G03-04130 932419

Case 2:03-cv-01729-RCB

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