Free Response to Motion - District Court of Arizona - Arizona

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Terry Goddard Attorney General Colleen M. Auer Assistant Attorney General State Bar No. 014637 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-7698 Fax: (602) 542-7670 [email protected] Attorneys For Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Stuart Othello Carter, Plaintiff, v. Douglas Freet, et al., Defendants. No: CV04-0685-PHX-ROS (VAM) RESPONSE TO PLAINTIFF'S PLEADING ENTITLED: "REQUEST FOR CASE TO BE DISMISSED AGAINST THE DEFENDANT DOUGLAS-FREET AND REQUEST FOR EVIDENTIARY HEARING REGARDING OTHER DEFENDANTS' EXHAUSTION GROUNDS FOR MOTION TO DISMISS"

Defendants1 oppose Plaintiff's request for an evidentiary hearing on Defendants' Motion to Dismiss Plaintiff's sole remaining retaliation claim (Count III) on exhaustion grounds. This Motion was fully briefed on April 22, 2005. Plaintiff had the opportunity to oppose the Motion and submit proof of exhaustion. He filed an opposition brief. Nothing further is required to enable this Court to adjudicate the motion. Plaintiff is merely seeking /// /// /// Maskell and Meaney. Defendant Freet is not an ADC employee. Defendants Dora Schriro, CO Chatt and CO Frisbee were dismissed from this action per the Court's August 19, 2004 Screening Order
Document 35 Filed 09/27/2005 Page 1 of 2
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Case 2:04-cv-00685-ROS-VAM

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the opportunity to re-argue evidence already before this Court. Accordingly, his request for an evidentiary hearing should be denied. RESPECTFULLY SUBMITTED this 27th day of September, 2005. TERRY GODDARD Attorney General

s/ Colleen M. Auer Colleen M. Auer Assistant Attorney General Attorneys for Defendants

Copy mailed the same date to: Stuart Othello Carter, #038035 ASPC-Florence-North Unit 2 Post Office Box 8000 Florence, AZ 85232 s/ Colleen M. Auer Colleen M. Auer IDS05-0024/RSK:G04-21667
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Case 2:04-cv-00685-ROS-VAM

Document 35

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Filed 09/27/2005

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