Free Other Notice - 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 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) NOTICE REGARDING REQUEST FOR ENTRY OF DEFAULT JUDGMENT

Defendant Maskell,1 through undersigned counsel, hereby notifies the Court that former Arizona Department of Corrections ("ADC") employee, defendant Maureen Meaney, has apparently executed a waiver of service in this case on May 1, 2005 without notifying the ADC or the Attorney General's Office. Undersigned counsel is in the process of trying to locate defendant Meaney to obtain her permission to enter an appearance on her behalf in this case.

COII Randy Maskell. It appears that Defendant Meaney executed a waiver of service on May 1, 2005 filed May 10, 2005 (Dkt. #23). 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.
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Case 2:04-cv-00685-ROS-VAM

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In the meantime, Defendant Maskell's Motion to Dismiss Plaintiff's sole remaining retaliation claim on exhaustion grounds is pending. Should the Court grant that motion, it would dispose of Plaintiff's Complaint in its entirety. And Plaintiff would have no basis for entry of a default judgment against defendant Meaney on a claim for relief that he failed to exhaust prior to suit. RESPECTFULLY SUBMITTED this 15th day of August, 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
#918931

Case 2:04-cv-00685-ROS-VAM

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Filed 08/15/2005

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