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

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Case 2:04-cv-00572-MHM-LOA Document 105 Filed 12/05/2005 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 Not to Dismiss Case" (Doc. # 101). Plaintiff requests that the Court not dismiss his case for failure to respond to Defendant Lizarraga's Motion to Dismiss Case and for Judgment on the Pleadings (Doc. # 86). Plaintiff claims that on October 27, 2005 he prepared and submitted to prison staff his response Defendant's motion. The Court is not in receipt of Plaintiff's response. It is also clear from Defendant's reply to the motion, see Reply (Doc. # 97), that Defendant also never received Plaintiff's response. The Court will construe Plaintiff's Request Not to Dismiss Case as a motion for extension of time to submit his response to Defendant's motion. It appears to the Court that Plaintiff intends to respond to Defendant's motion, and made an effort to do so. Therefore, the Court will allow Plaintiff additional time within which to submit his response. Accordingly,

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IT IS ORDERED that Plaintiff's "Request Not to Dismiss Case" (Doc. # 101), construed as a motion for extension of time is GRANTED. Plaintiff shall have until January 6, 2006 to file his Response to Defendant's Motion to Dismiss Case and for Judgment on the Pleadings (Doc. # 86). IT IS FURTHER ORDERED that Defendant Lizzarraga shall have until January 27, 2006 to file his Reply. DATED this 2nd day of December, 2005.

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