Free Response in Opposition to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General Misty D. Guille Assistant Attorney General State Bar No. 020830 1275 West Washington Phoenix, AZ 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendant IN THE UNITED STATES DISTRIT COURT FOR THE DISTRICT OF ARIZONA Allace Cornellier, Plaintiff, v. Sandra Walker, et al., Defendants Defendant Ruboyianes, through undersigned counsel, responds to Plaintiff's Motion To Supplement Complaint [Dkt. 37] and requests the Court to deny it. Cornellier filed the First Amended Complaint [Dkt. 16] on September 13, 2004. The Court issued its Screening Order [Dkt. 17] four months later, dismissing all counts and defendants except for Count V as to Defendants Ulibarri and Ruboyianes. In the remaining Count, Cornellier alleges that Ulibarri and Ruboyianes violated his constitutional right of access to the courts, resulting in the dismissal of his state habeas corpus petition. Defendant Ulibarri was never served, and Defendant Ruboyianes filed a Motion to Dismiss [Dkt. 25] based on Cornellier's failure to exhaust administrative remedies, which was fully briefed. On September 27, 2005, the Magistrate Judge issued her Report and Recommendations [Dkt. 34] to grant Defendant's Motion to Dismiss [Dkt. 25] and to deny all other pending motions as moot. (The District Court has not yet issued No. CV04-0724-PHX-PGR (JJM) RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO SUPPLEMENT COMPLAINT

Case 2:04-cv-00724-PGR-JJM

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its decision.) In the meantime, on September 26, 2005, Cornellier filed a Motion To Supplement Complaint ("Motion") [Dkt. 37]. In his Motion, Cornellier references an alleged denial of access to the courts only once: "He remained on S.U. for about eight (8) months, when on April 12, 2005, he was again removed and placed in a Level 5 unit, (central unit) where he could not have access to his legal material to file a response in state court no. CV2005-000730." (Dkt. 37 at 2.) He does not even mention Ruboyianes, much less allege that Ruboyianes was responsible for the change in his housing (which ultimately led to the alleged denial of access). To allow Cornellier to supplement his complaint at this stage of litigation would prejudice the Defendant. Accordingly, the Court should deny Cornellier's Motion To Supplement Complaint. RESPECTFULLY SUBMITTED this 11th day of October, 2005. TERRY GODDARD Attorney General /s Misty D. Guille MISTY D. GUILLE Assistant Attorney General Attorneys for Defendant COPY of the foregoing and Notice of Electronic Filing mailed the 12th day of October, 2005, to: Allace Cornellier, ADC # 040553 ASPC-Lewis-Morey Unit P.O. Box 3300 Buckeye, AZ 85326-3300 Plaintiff Pro Per /s Misty D. Guille
IDS05-0081/RM#G04-21814

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