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
Terry Goddard Attorney General Susanna C. Pineda, Bar No. 011293 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Phone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Albert DeLeon, No. CV 04-0446 PHX PGR (JRI) Plaintiff, v. Dora Schriro, et al., Defendants. Defendants1 hereby acknowledge receipt of Plaintiff's motion for appointment of counsel and take no position on Plaintiff's requests for appointment of counsel other than to advise that Plaintiff's motion fails to present "exceptional circumstances" warranting the appointment of counsel. See 28 U.S.C. ยง 1915(e)(1); Wilborn v. Escalderon, 789 F.2d 1328 (9th Cir.1986). Only one count remains in this matter to be litigated. Defendants are alleged to have retaliated against Plaintiff by placing handcuffs on too tightly and by allegedly requiring Plaintiff to crawl up to a third-tier cell. All other counts and defendants RESPONSE TO MOTION FOR APPOINTMENT OF COUNSEL
1
Avalos, Paredez, Ramon, and Reyna
Document 221 Filed 09/29/2006 Page 1 of 2
Case 2:04-cv-00446-JAT
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
have been granted summary judgment. Discovery has closed in this matter, and the matter is only awaiting a trial date.
RESPECTFULLY SUBMITTED this 28th day of September, 2006. Terry Goddard Attorney General
Original e-filed this 28th day of September, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to: Albert DeLeon 1714 South 2nd Street Phoenix, AZ 85004 s/ Colleen S. Jordan Legal Secretary to: Susanna C. Pineda IDS04-0271/RSK:G03-03830 #980668
s/ Susanna C. Pineda Susanna C. Pineda Assistant Attorney General Attorneys for Defendants
2
Case 2:04-cv-00446-JAT Document 221 Filed 09/29/2006 Page 2 of 2