Free Response - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General KELLEY J. MORRISSEY Assistant Attorney General State Bar No. 016158 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA DANNY MILLER, Plaintiff, v. DONALD SLOAN, et al., Defendants. Defendants Macabuhay, Pratt and Sloan, respond to Plaintiff's "Notice of ADC's Refusal to Provide Legal Copies" ("Notice") as follows: In his Notice, Plaintiff asserts that Official's at the Arizona State Prison Complex-Tucson will not provide him with copies so he can file his response to the Defendants' Cross-Motion for Summary Judgment and Reply to the Defendants' Response to his Motion for Summary Judgment. (Notice at 1.) Plaintiff further argues that Librarians Mead and Berg appropriated one of his exhibits submitted for copying. (Id.) Plaintiff's Notice lacks merit. On August 11, 2005, Librarian II Meade received a request for copies from Plaintiff. (See Declaration of Sally A. Berg, hereinafter "Berg," attached as Exhibit A at ¶ 2.) Due to the size of the request, the copies had to be delivered to the Complex Librarian to be copied on the larger capacity copier. (Id.) Complex Librarian Berg DEFENDANTS' RESPONSE TO PLAINTIFF'S NOTICE OF ADC'S REFUSAL TO PROVIDE LEGAL COPIES No. CV 04-19-PHX-DGC (LOA)

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received Plaintiff's request for copies from Librarian II Meade at the close of business on August 11, 2005. (Berg at ¶ 3.) Plaintiff's request for copies was completed on August 15, 2005. (Berg at ¶ 4.) Because Librarian Berg was covering a unit on August 15, 2005, CEPT (Correctional Education Program Teacher) Smith hand delivered the copies to Deputy Warden Martinez's office for delivery to Plaintiff on that date. (Berg at ¶ 5.) Contrary to Plaintiff assertions, at no time while making Plaintiff's copies did Librarian Berg appropriate one of the exhibits. (Berg at ¶ 6.) All the documents submitted by Plaintiff for copying were copied and returned to him. (Id.) Plaintiff's request for copies was completed within two business days. It appears that Plaintiff is merely unhappy because his copies were not made immediately. However, the Librarian(s) must make copies for all of the inmates in the Unit/Complex taking into account each inmate's pending court deadline(s). Accordingly, Plaintiff's request for copies was made within a reasonable time after its submission and Plaintiff is not being denied copies. RESPECTFULLY SUBMITTED on this 25th day of August, 2005. TERRY GODDARD Attorney General

s/Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

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ORIGINAL of the foregoing electronically filed this 25th day of August, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 Copy of the foregoing has been mailed this 25th day of August, 2005, to:_ _ Danny L. Miller, # 109729 Arizona State Prison Complex ­ Tucson Santa Rita Unit ­ 3-D-17 P.O. Box 24406 10012 South Wilmot Road Tucson, AZ 85734-4406 Plaintiff Pro Per s/A. Palumbo Secretary to Kelley J. Morrissey
IDS04-0395/RM#G2003-04642

920710

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