Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Officer Ortega, et al., Defendants. Jay Jeffers, Jr., Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 04-572-PHX-MHM (MS) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Before the Court is Plaintiff's "Leave for Request Notice for Oril [sic] argument Are [sic] One More Chance To Try And Resolve This Issue" filed September 30, 2005. The Court will construe the document as a motion for oral argument regarding the provision of writing material and a copy of the Federal Rules of Civil Procedure and a word dictionary, and will deny the motion. The Court has resolved the issue of writing materials, and has ordered that any further motion regarding the provision of writing materials will be stricken as improperly filed without Plaintiff first seeking leave of court to file the motion. unnecessary. In regards to the allegedly confiscated rule and word book, and compelling Defendants to provide Plaintiff with his rule book, Plaintiff has not demonstrated that he has exhausted this claim administratively with Pinal County. That is, Plaintiff must pursue first any remedy that he may have regarding confiscation of books with Therefore, oral argument on the matter is

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

Document 85

Filed 10/11/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pinal County. The Court will not entertain any further motion regarding confiscation of any book or other material unless Plaintiff provides the Court with: (1) written evidence that he has pursued his complaint in writing with Pinal County; (2) evidence that he received either no response or an unfavorable response from the County; and, (3) an explanation as to why possession of a rule book, or word book, is necessary to litigate his case. Failure to do so will result in any motion regarding this issue being stricken as improperly filed. Accordingly, IT IS ORDERED that Plaintiff's "Leave for Request Notice for Oril [sic] argument Are [sic] One More Chance To Try And Resolve This Issue" filed September 30, 2005, which the Court construes as a motion for oral argument on the issue of writing materials and possession of rule and word books, is DENIED. DATED this 6th day of October, 2005.

-2Case 2:04-cv-00572-MHM-LOA Document 85 Filed 10/11/2005 Page 2 of 2