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

SRM

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 IT IS THEREFORE ORDERED that Plaintiff shall have until July 27, 2005 in which to file and serve his responsive memorandum to Defendants' Motion to Dismiss, filed May 26, 2005 (#19). IT IS FURTHER ORDERED that Plaintiff's Motion Requesting the Court to Order
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Etop Morgan Ekwere, Plaintiff -vsTracy Branch, et al., Defendant(s) CV-04-0094-PHX-DGC (JI) ORDER

MOTION TO DISMISS In an Order (# 23) filed on June 28, 2005, this Court gave Plaintiff ten days in which to file a response to Defendants' Motion to Dismiss, filed May 26, 2005 (#19). The Court is advised that Plaintiff's counsel was unaware of the motion, and is currently out of the country. The Court is further advised that Defense counsel does not oppose an extension of time to respond. MOTION TO SERVE Under consideration is Plaintiff's Motion Requesting the Court to Order U.S. Marshals to Find and Serve Summons, filed May 19, 2005 (#16). Defendants have responded, arguing that Plaintiff's attempts at service are untimely, and have requested a dismissal. Since the filing of Plaintiff's Motion, counsel for Plaintiff has entered an appearance (#20). Presumably, further assistance from the Court in effectuating service is not needed, regardless of the ruling on Defendants' motion to dismiss..

Case 2:04-cv-00094-DGC-JRI

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U.S. Marshals to Find and Serve Summons, filed May 19, 2005 (#16) is DENIED WITHOUT PREJUDICE.

DATED: July 5, 2005 5
S:\Drafts\OutBox\04-0094 Order 05 06 29 re Extension RsMTD.frm

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Case 2:04-cv-00094-DGC-JRI

_____________________________________ JAY R. IRWIN United States Magistrate Judge

Document 24 2 - Filed 07/05/2005 -

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