Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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) ) Plaintiff, ) ) vs. ) ) Officer Ortega, et al., ) ) Defendants. ) ___________________________________)

Jay Jeffers,

CV 04-572-PHX-MHM (MS)

ORDER

NOTICE-- WARNING TO PLAINTIFF
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THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT1 On October 11, 2005, Defendants filed a Motion for Judgment on the Pleadings

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(Doc. # 86). Defendant seeks dismissal of the Amended Complaint with prejudice. If
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the motion is granted, this would bar any further amended complaint or new action on
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the claim(s) from being filed.
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Plaintiff is advised of the following specific provisions of Rule 7.2, Civil Rules of
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Practice of the United States District Court for the District of Arizona:
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Subparagraph (e):
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Rand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998), cert. denied, 527 U.S. 1035, 119 S.Ct. 2392 (1999).
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Unless otherwise permitted by the Court, a motion including its supporting memorandum, and the response including its supporting memorandum, each shall not exceed seventeen (17) pages, exclusive of attachments and any required statement of facts. Unless otherwise permitted by the Court,

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a reply including its supporting memorandum shall not exceed ten (10) pages, exclusive of attachments. Subparagraph (i): If a motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not serve and file the required answering memoranda, or if counsel for any party fails to appear at the time and place assigned for oral argument, such noncompliance may be deemed a consent to the denial or granting of the motion and the court may dispose of the motion summarily. It is Plaintiff's obligation to timely respond to all motions. The failure of

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Plaintiff to respond to Defendants' Motion for Judgment on the Pleadings may in
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the discretion of the court be deemed a consent to the granting of that motion
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without further notice, and your case may be dismissed with prejudice pursuant
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to Rule 7.2(i), Civil Rules of Practice of the United States District Court for the
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District of Arizona. Brydges v. Lewis, 18 F.3d 651 (9th Cir. 1994) (per curiam).
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If Defendants' Motion for Judgment on the Pleadings seeks dismissal of
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your complaint for your failure to exhaust all available administrative remedies
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as required by 42 U.S.C. § 1997e(a), the Court may consider sworn declarations
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or other admissible evidence beyond your complaint. Moreover, if Defendants
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produce admissible evidence demonstrating that you failed to exhaust your
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administrative remedies, your complaint will be dismissed without prejudice
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unless you produce copies of your grievances and grievance appeals or other
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admissible evidence sufficient to show that you did exhaust all available
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administrative remedies. Wyatt v. Terhune, 315 F.3d 1108, 1119-20 (9th Cir. 2003).
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IT IS THEREFORE ORDERED THAT:
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1.
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In light of this warning, Plaintiff shall have until Monday, November 7, 2005 within which to respond to Defendants' Motion for Judgment on the Pleadings.

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2.
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Defendants shall have until November 17, 2005 within which to file a reply.

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3.

Defendants' motion shall be deemed to be ready for decision without oral argument on the day following the date set for filing the reply unless otherwise ordered by the Court.

DATED this 14th day of October, 2005.

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Case 2:04-cv-00572-MHM-LOA

Document 89

Filed 10/17/2005

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