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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Petitioner, vs. Jose Luis Lopez, Respondents. ) ) ) ) ) ) ) ) ) )

CR-01-0077-PHX-SRB CV-04-0876-PHX-SRB (JCG) ORDER

On February 14, 2006, Jose Linares filed a Motion for Leave to Proceed as "Next Friend" on behalf of Petitioner Jose Luis Lopez (Doc. No. 165). To date, the Respondents have not filed a response to the Motion. The Court directs the Respondents' attention to LRCiv 7.2(c), which states that when a motion is filed, the opposing party is required to file a responsive memorandum. The Court also directs the Respondents' attention to LRCiv 7.2(i), which states if the opposing party fails to file the required answering memoranda, such non-compliance may be deemed a consent to the motion. Review of the record indicates that the Court has previously denied five other "Motions to Proceed as Next Friend" that were filed by Linares or others on behalf of Petitioner. Contrary to the assertions presented in the Motion, there has been no change in the circumstances of this action that would justify reconsideration of the previous motions. Linares claims that Petitioner's action has been inadvertently dismissed; the docket reflects that the action remains pending. Accordingly, IT IS ORDERED that Jose Linares' Motion for Leave to Proceed as "Next Friend" on

Case 2:01-cr-00077-SRB

Document 169

Filed 03/09/2006

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behalf of Petitioner Jose Luis Lopez (Doc. No. 165) is DENIED. DATED this 8th day of March, 2006.

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Case 2:01-cr-00077-SRB

Document 169

Filed 03/09/2006

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