Free Affidavit - District Court of Arizona - Arizona

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2007
UNITED STATES DISTRICT COURT FEB 0 7
DISTRICT OF ARIZONA gLguwlsO@Tmu1COUHT
01STR1GT OFARIZONA ,
Kim Michael Cook, } BYVV OO_OOO wmxTT$TTF¤EMHV
plaintiff, } CIV 03-1100 PHX-ROS (V 0 "
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D];. Rgbgrtggnf gi; a]__' ) AFFIDAVIT OF KIM COOK IN
Defendant. ) CONNECTION WITH RESPONSE IN
) OPPOSITION TO DEFENDANT‘S MOTIONS
FOR SUMMARY JUDGMENT
I, Kim Cook, swear and affirm as follows:
(1) The factual allegations and rebuttals included in my
pleadings in response to Defendant's (Robertson and Benjamin)
Motions for Summary Judgment are true and accurate in all
‘ respects to the best of my knowledge and belief.
(2) It appears evident from the factual allegations in both
defendant's Motions for Summary Judgement in their favor that
both defendants actually aver that there are material facts in
dispute which preclude allowing a summary judgment in their
favor.
(3) They claim I have not exhausted administrative remedies
when it is evident from the exhibits that I have, and that they
should know that.
(4) Defendant's claim they were not deliberately indifferent
in their treatment and delays. This is a question of material
fact which they dispute, and which I have countered in my pleading.
Without repeating the facts in dispute which are listed in specific
detail in my Response in Opposition to their Motions, I hereby swear
and affirm that my version of the facts is true and accurate, by
this affidavit.
Case 2:03-cv-01100-ROS-I\/IHB Docpmggt 103 Filed O2/O7/2007 Page1 0f2
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(5) The facts alleged show a material issue of fact as to
deliberate indifference to serious medical needs, and causing me
serious injury, and worsening condition.
I swear and affirm under penalty of perjury that the facts
contained in this affidavit, and in my pleadings, are ture and
accurate to the best of my knowledge and belief, and that no
notary is currently available here where I am located prior to
my filing date.
LQ { E; {<9`7 , by
Date Kim M. Cook, Pro Se
RRCC
1750 E. Arica Rd.
Eloy, AZ 85231
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Case 2:03-cv-01100-ROS-I\/IHB D0cument1O3 Fnled O2/O7/2007 Page20f2

Case 2:03-cv-01100-ROS-MHB

Document 103

Filed 02/07/2007

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Case 2:03-cv-01100-ROS-MHB

Document 103

Filed 02/07/2007

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