Free Reply to Response to Motion - District Court of Arizona - Arizona

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John T. Masterson, Bar #007447 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7846 [email protected] Attorneys for Defendants, Tanya (Williams) Gant, Joseph Ortega and Rebecca Spurlock UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Jay Jeffers, Jr., Plaintiff, v. Officer Ortega; Corporal (Williams) Gant; Officer Spurlock; and Dr. Lizarraga, Defendants. NO. CV 04-0572-PHX-MHM (LOA) REPLY TO DEFENDANTS TANYA (WILLIAMS ) GANT, JOSEPH ORTEGA AND REBECCA SPURLOCK'S MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendants, Tanya (Williams) Gant, Joseph Ortega and Rebecca Spurlock, by their attorneys Jones, Skelton and Hochuli, reply to Plaintiff's Response to Defendants Tanya (Williams ) Gant, Joseph Ortega And Rebecca Spurlock's Motion For Partial Summary Judgment, pursuant to the Court's Order dated June 12, 2006. In Plaintiff's "responses" to Defendant's Motion for Partial Summary Judgment, Plaintiff fails to even address the fact that he failed to comply with the two year statute of limitations that applies to claims filed pursuant to 42 USC §1983. Plaintiff's claims relate to certain incidents that occurred on or about January 12, 2001, and immediately thereafter. Plaintiff's claims that relate to those incidents are barred by the statute of limitations.

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

Document 146

Filed 06/28/2006

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This reply is supported by the following Memorandum of Points and Authorities, the Motion for Partial Summary Judgment and Statement of Facts filed previously, and the record before the Court.
MEMORANDUM OF POINTS AND AUTHORITIES

As stated in Defendants' original motion, Plaintiff's claims relate to an incident which occurred on January 12, 2001 at 8:30 a.m. At that time, Plaintiff contends he received a tray of food at the Pinal County Jail which contained a hair. He then makes several additional allegations pertaining to incidents that occurred between himself and Pinal County Detention Officers. He claimed that he was locked down for 168 hours and that he was not provided appropriate food and/or medication for his diabetic condition. All of those events took place on January 12, 2001 and shortly thereafter. Plaintiff did not file his Complaint until March 22, 2004. Any claims that Plaintiff has, or has alleged, that relate to any incidents between January 2001 and March 22, 2002, are barred as a matter of law. In his "responses," Plaintiff again raises issues or concerns he has with receipt of mail while he was incarcerated in the Pinal County Jail. The Court has already ruled upon these issues. See for example Order dated September 19, 2005 by the Hon. Morton Sitver, United States Magistrate Judge. Those issues have nothing to do with the narrow issue of whether Plaintiff filed his lawsuit within the applicable statue of limitations. He did not. In his "responses," aside from references to the U.S. Mail, Plaintiff does not discuss his claims, the dates his claims accrued, or the statute of limitations. In fact, Plaintiff's Memoranda are devoid of any mention of any relevant issue pertaining to Defendants' Motion for Partial Summary Judgment. Plaintiff's failure to respond to the pertinent issues of the original motion should be deemed a consent to the granting of the

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

Document 146

Filed 06/28/2006

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Motion pursuant to Rule 7.2(i), Local Rules of Civil Procedure, United States District Court for the District of Arizona. CONCLUSION Plaintiff's claims accrued on or about January 12, 2001, and immediately thereafter. Plaintiff did not file his lawsuit until March 22, 2004. Any of Plaintiff's claims related to any incidents that occurred between January 2001 and March 22, 2002 are barred by the statute of limitations and should therefore be dismissed. DATED this 28th day of June, 2006. JONES, SKELTON & HOCHULI, P.L.C.

BY

/s/John T. Masterson John T. Masterson 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendant, Tanya (Williams) Gant Joseph Ortega and Rebecca Spurlock

Electronically filed and served this 28th day of June, 2006, to: ALL PARTIES ON ELECTRONIC SERVICE LIST By: /s/John T. Masterson

COPY mailed this same date to: The Honorable Lawrence O. Anderson United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 322 401 West Washington Street, SPC 11 Phoenix, AZ 85003-2120 Jay Jeffers P.O. Box 205 Coolidge, Arizona 85228 Pro Per _______________________________ John T. Masterson
1649043.1

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

Document 146

Filed 06/28/2006

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