Free Order on Motion for Leave to File - District Court of Arizona - Arizona

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Case 2:04-cv-00572-MHM-LOA Document 92 Filed 11/03/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Jay Jeffers, Jr., Plaintiff, vs. Officer Ortega, et al., Defendants.

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No. CV 04-572-PHX-MHM (MS) ORDER

Before the Court is Plaintiff's "Request for Motion for Leave to File Inpartant [sic] Notarized Evidntal [sic] Documents, and Request to Reserve the Right to Supplement Documents" filed October 31, 2005 (Doc. # 90). Plaintiff requests leave of Court to file evidence with the Court obtained after his release. Plaintiff

anticipates being released from jail in January of 2006 and will then have access to documents not presently at his disposal. It is unnecessary to grant permission for the Plaintiff to use evidence at a later date. Plaintiff is free to use his evidence in preparing responses to Defendants' dispositive motions, currently due on December 16, 2005, or at a trial, if one should occur. As a result, because the Plaintiff does not need permission to utilize evidence in entering his pleadings in this case, or in the event of a trial, the Court will deny Plaintiff's motion. In seeking to utilize documents, Plaintiff is, of course, bound by all applicable federal rules of procedure and evidence. Accordingly,

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IT IS ORDERED that Plaintiff's "Request for Motion for Leave to File Inpartant [sic] Notarized Evidntal [sic] Documents, and Request to Reserve the Right to Supplement Documents" (Doc. # 90) is DENIED. DATED this 2nd day of November, 2005.

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