Free Motion to Continue - District Court of Arizona - Arizona

___ FILED I _+______ LODGED
________ RECEIVED _______COPY
1 Leon Smith #48460 Q [QT 2 6 2007
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I In RE: CV02-2492-PHX-EHC, Leon Smith v. Jesse Plath et, al-Petition To I
4 Continuance Of Court Proceedings To Go Forward: And To Receive Copies
of all Papers Filed with this Court of the last hearing, Court responses, etc...
5 is
6 IN THE UNITED STATES DISTRICT COURT I
IN ANF FOR THE STATE OF ARIZONA
7
I 8 Leon Smith CV02-2492-PHX-EHC j
Plaintiff `
I 9 Motion To Continue
1 v.
I 10 Honorable Judge, .
I Jesse Plath et,A1 Earll H. Carrol
11 Defendants I
I 12
The Petitioner (Plaintiff) herein, is requesting this Court to file this Motion To
13 Continue for the following reasons:
` >
I 14 1) In November of 2005, Plaintiff became homeless to the fact that he and his wife 3
I . lost their home because of financial problems, =
I 15 2) At this time, the Honorable Judge Carrol had continued all Court hearings until _
further notice, I
16 3) Because of Plaintiff losing his home at 1304 E. Bell Rd. #77, Phoenix, Arizona
1 85022, Plaintiff lost all of his possessions also, which he has never recovered,
I 17 4) In the possessions, were all of Plaintiffs court papers of his lawsuit, plus all of
I his and wife's possessions, personal property, etc... in all, Plaintiff lost every-
18 thing in hid 3 bedroom home, 2
5) Because of this, Plaintiff has no copies of any of the lawsuit Court Proceedings, ‘
19 6) Plaintiff had to stay with several different friends and associates he knew,
7) Therefore, Plaintiff had no address or phone number to be reached at,
20 8) Plaintiff was trying to do his best to get back on his feet, and not be homeless,
I 9) Until, Plaintiff finally went back into doing illegal activities, such as fraudulent
21 activities,
I I0) And because of this, Plaintiff ended up back in prison,
22 11) Plaintiff; is in no way blaming anyone but himself for this, Plaintiff just made
the wrong decisions,
23 . §
I ;
Case 2:02—cv—02492-EHC Document 109 Filed 10/26/2007 Page 1 of 2

1 Y
1 12) But, if Plaintiffs lawsuit and the Defendant's had been able to settle, none of
1 this would have happened,
2 .13) Plaintiffs release date is August 12, 2010, upon Plaintiffs release, he is going
to a release program in Tucson, Arizona,
3 .14) Plaintiff feels that if he goes back to Phoenix, he will fall back into the same a
. ways,
4 15) Back in 2004, Plaintiff wrote out a Settlement Agreement to the Defendants
Attorneys', in the amount of somewhere around $$75.000.00,
5 16) .As this Court knows, the Defendants refused this offer, saying they weren't
going to pay nothing to the Plaintiff, g
6 17) Because of this, and other circumstances having to do with this case, such as 1
1 Plaintiff being homeless and going to prison, ,Q
l 7 18) Plaintiff has lost everything and feels that and prays that, this Court will go
forward with this case, and demand that the Defendants in this case should 1 1*
8 pay Plaintiff, Punitive Damages, Medical (skin graph procedure on his legs) A ¥
because of dog bites etc..., _.
9 19) Plaintiff apologizes for the lapse in time of contacting this Court. but because 5
( of the extraordinary circumstances filed herein this Motion, Plaintiffs reasons ,
10 are fact and 8:1:0. Tru Q,} é
1 11 Therefore, Plaintiff (Petitioner) respectfully request this Court to tile this Motion
and grant his request herein to continue forward with the Court Proceedings.
1 12 ;
l Respectfully submitted on this AY day of October, 2007.
13
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q 15 1 Leon Smith, Plaintiff
l 16
17
Certificate of Mailing: Q
18 original and two copies to: I
19 Clerk of the District Court, Ste. 130
401 West Washington Street, Spc 1
20 Phoenix, Arizona 85003-2118
21 2 if
Case 2:02—cv—02492-EHC Document 109 Filed 10/26/2007 Page 2 of 2

Case 2:02-cv-02492-EHC

Document 109

Filed 10/26/2007

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Case 2:02-cv-02492-EHC

Document 109

Filed 10/26/2007

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