Free Motion to Strike - District Court of Arizona - Arizona

Daniel P. Struck, Bar #012377 Rachel Love Halvorson, Bar #019881 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-7323 Facsimile No.: (602) 200-7811 E-Mail: [email protected] E-Mail: [email protected] Attorneys for Defendants Kimberly Mendivil, John Keesling, Michael Greene, Frank Lane, Corrections Corporation of America, Florence Correctional Center, Richard Smelser UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Allen P. Branco NO. CIV 04-593 PHX-SMM (GEE) Plaintiff, v. Corrections Corporation of America; Florence Correctional Center; Warden Richard Smelser; Medical Unit of Florence Correctional Center; Corrections Officer M andavile Nurse Frank Lane Defendants. DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S AFFIDAVIT PERTINENT TO HAWAII'S DEPARTMENT OF PUBLIC SAFETY DENIED ACCESS TO COURTS

Defendants, through counsel, hereby move to strike Plaintiff's pleading entitled "Plaintiff's Affidavit Pertinent To Hawaii's Department Of Public Safety Denied Access To Courts" for the reasons that the issue is moot and Defendants have no control over Hawaii Department of Public Safety's actions. Plaintiff's pleading seeks to advise the Court regarding difficulties Plaintiff apparently had in responding to Defendant Smelser's Motion for Summary Judgment, due to the law library being closed or problems with transfer of Plaintiff's property. Plaintiff is no longer incarcerated in a CCA facility, but rather is imprisoned

Case 2:04-cv-00593-SMM-GEE

Document 133

Filed 12/09/2005

Page 1 of 3

in a State of Hawaii facility. First, Plaintiff's pleading/motion is moot because after seeking and being granted several extensions to respond, on November 1, 2005, Plaintiff indeed filed a response to Defendant Smelser's Motion for Summary Judgment. Therefore, any problems Plaintiff may have previously experienced in responding to Defendant Smelser's Motion for Summary Judgment are no longer an issue. Second, Defendant Corrections Corporation of America has no control over the Hawaii Department of Public Safety, the entity that has custody of Plaintiff. Accordingly, Defendants could not take any action to address Plaintiff's complaints that an entity not party to this lawsuit was denying Plaintiff access to courts. Based upon the foregoing, Defendants respectfully request this Court strike Plaintiff's Affidavit Pertinent To Hawaii's Department Of Pubic Safety Denied Access To Courts as moot. /// ///

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DATED this 9th day of December, 2005. J ONES, S KELTON & H OCHULI, P.L.C.

By s/ Rachel Love Halvorson 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Kimberly Mendivil, John Keesling, Michael Greene, Frank Lane, Corrections Corporation of America, Florence Correctional Center, and Richard Smelser ELECTRONICALLY filed this 9th day of December 2005 with the Clerk of the United States District Court, District of Arizona. COPY of the foregoing mailed even date to: Allen P. Branco, #A5005915 Module 2-B-1 Halawa Correctional Facility 99-902 Moanalua Hwy. Aiea, Hawaii 96701 Plaintiff Pro Per s/Francine Gatto

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Case 2:04-cv-00593-SMM-GEE