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

1 2 3 4 5 6 7 8 9 10 11 12 Glenn F. Kelley, et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cv-00103-SRB-ECV Document 59 Filed 10/13/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Rodney Allen Kelley, Plaintiff, vs.

) ) ) ) ) ) ) ) ) ) ) )

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

Pending before the court are Plaintiff's Motion for Continuance (Doc. #57) and Motion for Copies of Case File (Doc. #56). Defendants failed to file a response to either motion. In the motion for copies of the documents in the court's file, Plaintiff requests that the entire case file be provided to him. Plaintiff, however, fails to adequately explain why he needs a copy of every document that has been filed in the case. Rather than deny the motion outright, Plaintiff will be given the opportunity to identify specific documents that he needs and explain why such documents are necessary for him to prosecute this case. The Clerk of Court will be directed to mail a complete copy of the court docket to Plaintiff which Plaintiff may use to identify specific documents in the file. After Plaintiff submits his request to the court, the court will determine if Plaintiff has sufficiently demonstrated a need for each document requested.

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 27 28

Regarding the motion to continue, Plaintiff fails to explain what deadline he needs extended. A general request to continue the case is insufficient. However, in light of the court's order regarding the documents from the court file, the court will postpone a decision on the request for a continuance. If Plaintiff can establish that certain documents from the court file are necessary for him to complete his portion of the proposed joint pretrial order, or for some other purpose in furtherance of this litigation, the court will consider granting additional time. IT IS THEREFORE ORDERED: That Plaintiff's Motion for Continuance (Doc. #57) and Motion for Copies of Case File (Doc. #56) are taken under advisement pending Plaintiff's compliance with this order; That on or before October 31, 2006, Plaintiff shall identify specific documents in the court docket that he would like the court to provide to him and explain why such documents are necessary to prosecute this case; and That the Clerk of Court shall mail to Plaintiff, along with this order, a complete copy of the case docket. DATED this 13th day of October, 2006.

-2Case 2:04-cv-00103-SRB-ECV Document 59 Filed 10/13/2006 Page 2 of 2