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

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Case 2:04-cv-00103-SRB-ECV Document 68 Filed 11/09/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Rodney Allen Kelley, Plaintiff, vs.

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No. CV 04-0103-PHX-SRB (ECV) ORDER

Pending before the court are Plaintiff's Motion for Continuance (Doc. #57), Motion for Copies of Case File (Doc. #56) and Motion to Appoint Counsel (Doc. #61). In a prior Order (Doc. #59), the court took the first two motions under advisement after providing Plaintiff the opportunity to identify the specific documents he needs from the case file and explain why. The court indicated it would then determine if Plaintiff demonstrated a sufficient need for the documents and whether a continuance was warranted. In Plaintiff's Notice of Compliance (Doc. #60) with the court's order, Plaintiff contends that he needs documents #9 and #13 on the court docket and the "Probate Court case file." Document #9 is titled "Motion for court to order clerk to copy exhibits attached to original and forward to defendant." Document #13 is an order by the previous magistrate judge assigned to the case denying the motion. Plaintiff has presented no valid reason for the court to provide him with copies of these documents, and the court can discern no reason

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why the documents are needed for Plaintiff to prosecute this case. Plaintiff's request for these documents will be denied. As to the probate court file, this court is unaware of the file Plaintiff is referring to. Additionally, this court has no control or jurisdiction over any probate files and therefore cannot issue any orders regarding such files. For these reasons, Plaintiff's Motion for Copies of Case File will be denied. Regarding the Motion for Continuance, the Proposed Joint Pretrial Order was due back on July 14, 2006. Defendants filed a Notice (Doc. #58) on October 12, 2006, in which they show that they sent Plaintiff a draft proposed pretrial order on May 30, 2006. They state that Plaintiff failed to respond to the letter and provided no input into what was supposed to be a joint proposed order. As a result, the proposed order was never submitted. At the court's direction, Defendants submitted their portion of the proposed order on October 13, 2006. Plaintiff has had months to gather the documents that he claims are necessary to prepare his portion of the proposed order and has failed to do so. Additionally, as set forth above, Plaintiff's request that this court provide him with certain documents has been denied. As a result, the court finds no basis on which to grant Plaintiff's motion to continue. Nearly four months have passed since the July 14, 2006, deadline to complete the joint proposed pretrial order and Plaintiff has submitted nothing. Additionally, he failed to cooperate with Defendants and has given no indication that anything is forthcoming. For these reasons, the motion to continue will be denied. Lastly, Plaintiff has again filed a Motion to Appoint Counsel. Defendants have filed an Opposition to Plaintiff's Motion for Appointment of Counsel (Doc. #62). The court has denied this request in at least three previous orders. The court finds no basis to reconsider those determinations. Plaintiff's motion will be denied. Given Plaintiff's failure to submit a proposed pretrial order and prosecute his case, the court will entertain an appropriate motion from Defendants.

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IT IS THEREFORE ORDERED: That Plaintiff's Motion for Continuance (Doc. #57), Motion for Copies of Case File (Doc. #56) and Motion to Appoint Counsel (Doc. #61) are denied. DATED this 9th day of November, 2006.

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