Free Response - District Court of Arizona - Arizona

John T. Masterson, 007447 JONES, SKELTON & HOCHULI, P.L.C. Suite 800 2901 North Central Avenue Phoenix, Arizona 85012 602-263-1700 Attorneys for Defendants Tanya (Williams) Gant, Joseph Ortega and Rebecca Spurlock UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Jay Jeffers, Jr., NO. CV'04 0572-PHX-MHM (MS) DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION/ Plaintiff, MEMORANDUM IN SUPPORT OF REQUEST FOR COURT ORDER TO RECEIVE LEGAL CIVIL COURT PAPERS AND LEGAL M AIL

v.

Officer Ortega; Corporal Williams; Officer Spurlock; and Doctor Lizarrage, Defendants. Defendants Tanya (W illiams) Gant, Joseph Ortega and Rebecca Spurlock, by their attorneys, Jones, Skelton & Hochuli, pursuant to this Court's Order dated August 16, 2005, file their Response to Plaintiff's

Motion/Memorandum in Support of Request for Court Order to Receive Legal Civil Court Papers and Legal Mail. Plaintiff was arrested for a probation violation and incarcerated in the Pinal County Adult Detention Center on July 28, 2005. Plaintiff failed to file a Notice of Change of Address advising of his most recent incarceration with the Court and/or notify defense counsel of his new address as required under the rules. In keeping with the deadlines contained in the Court's April 14, 2005 Order, Defendants noticed the deposition of Plaintiff for July 27, 2005 and Case 2:04-cv-00572-MHM-LOA Document 67 Filed 09/06/2005 Page 1 of 4

mailed a copy to the Post Office Box address on file with the Court. In light of Plaintiff's incarceration, Plaintiff never received the Notice of Deposition. Plaintiff claims in his Motion/Memorandum that he has been denied receipt of his legal mail. On or about August 7, 2005, Plaintiff's sister,

Katherine W hite, visited Plaintiff at the Pinal County Adult Detention Center. Upon information and belief, Ms. W hite brought with her m ail addressed to Plaintiff, which included the Notice of Deposition from this office. Ms. W hite was not allowed to deliver the mail to Plaintiff pursuant to Pinal County Sheriff's Office Detention Bureau Policy 2.14.1.2(9), which states, in part: Inmates must receive their mail through the facility inmate mail system. Mail simply dropped off at the facility will not be accepted. Plaintiff has received all mail properly addressed to him and received through the facility inmate mail system while in custody at the Pinal County Adult Detention Center. Pursuant to this Court's Order dated August 16, 2005, Plaintiff's deposition has been rescheduled and noticed for W ednesday, September 14, 2005 at 1:00 p.m. at the Jail. In addition, Plaintiff claims in his Motion/Memorandum that the Pinal Count Adult Detention Center deducted $10.00 from his $30.00 money order. On or about August 1, 2005, the Pinal County Adult Detention Center received a money order for Plaintiff's account in the amount of $30.00. Plaintiff had a previous balance due and owing Pinal County Adult Detention Center stemming from his 2001 incarceration, totaling $9.35 ($8.00 past due for meal charges and $1.35 past due for medical co-pay). Upon deposit of Plaintiff's $30.00 money order, the $9.35 was automatically deducted to bring Plaintiff's account current.

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Lastly, Plaintiff claims in his Motion/Memorandum that he has been denied access to minimal legal materials such as paper, pencil and mailing materials. The paralegal employed by Pinal County to administer legal supplies and fulfill inmate requests for such items has been on administrative leave since July 2005. Requests for writing materials and/or legal supplies are currently being handled by the Detention Officers whenever possible. Upon information and belief, Plaintiff has been provided with all the necessary writing materials, if and when requested. A violation hearing was originally scheduled for August 15, 2005. That hearing was reset for August 29, 2005. As of the time of filing this response, Defendants do not know if the violation hearing actually took place on August 29, 2005 and do not know the duration of Plaintiff's incarceration. DATED this 6 th day of September, 2005. JONES, SKELTON & HOCHULI, P.L.C.

By:

s/John T. Masterson John T. Masterson Suite 800 2901 North Central Avenue Phoenix, Arizona 85012 Attorneys for Pinal County

Electronically served this 6th day of September, 2005, to: ALL PARTIES ON ELECTRONIC SERVICE LIST By: s/John T. Masterson

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COPY mailed this same date to: The Honorable Mary H. Murguia United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 525 401 W est Washington Street, SPC 53 Phoenix, AZ 85003-2154 Jay Jeffers Pinal County Adult Detention Center P.O. Box 2610 Florence, Arizona 85232 Pro Per

s/John T. Masterson

1524792_1

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