Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Brian Cox, et. al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By order and judgment entered February 24, 2006 (doc. ## 103 and 104), the Court granted Defendants' motions of summary judgment, there having been no opposition filed within the February 10, 2006 deadline previously ordered. On February 27, 2006, a Response dated January 31, 2006 (doc. # 105) and a response Statement of Facts dated and notarized February 10, 2006 (doc. # 106), were received by the clerk of the court. Neither document contains a certificate of service as required by Fed. R. Civ. P. 5(d) certifying the date on which they were served or delivered to prison officials for mailing. Plaintiff has not established that his purported Response was timely filed by delivery to prison officials for mailing within the ordered time. Giving Plaintiff the benefit of any doubt, the Court will treat the Response as timely filed and call for a reply. IT IS THEREFORE ORDERED that Plaintiff's Response (doc. # 105) and Statement of Facts (doc. # 106) are treated as timely filed and the order and judgment entered February
Document 107 Filed 03/10/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Kerry Allyn Chase, Plaintiff, vs.

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No. CV04-0056-PHX-NVW ORDER

Case 2:04-cv-00056-NVW-LOA

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24, 2006 (doc. ## 103 and 104) are vacated. Defendants may file replies to the Response by March 31, 2006. DATED this 10th day of March, 2006.

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