Free Order on Motion for Summary Judgment - 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 Charles McManus, Plaintiff -vsCarl B. Dodge, Defendant(s) CV-03-2327-PHX-MHM (JI) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Under consideration is Plaintiff's Response to Defendants' Motion for Summary Judgment and Plaintiff's Motion for Summary Judgment, filed April 11, 2006 (#69 & 70). Plaintiff has combined his response to Defendants' motion with his own cross motion. However, pursuant to the Order entered October 25, 2005, the deadline for filing dispositive motions was January 13, 2006. (#57 at 5.) Plaintiff shows no excusable neglect for failing to file a timely motion. Moreover, Plaintiff has failed to file the separate statement of facts as required by Local Civil Rule 56.1. Plaintiff has filed a document labeled "Statement of Facts." (#71) However, this document lists only two "facts", i.e. that Plaintiff is an ADOC inmate (PSOF #1) and assigned to the Eyman Complex (PSOF#2). The remainder of Plaintiff's twelve statements of "facts" are simply the identifications of Plaintiff's exhibits. Thus, Plaintiff has failed to comply with Local Rule 56.1. Rather than confuse the issues further, the Court will strike these improper filings and afford Plaintiff one additional opportunity to file a proper response. IT IS THEREFORE ORDERED that Plaintiff's Response to Defendant's Motion for Summary Judgment, filed April 11, 2006 (#69) is STRICKEN. IT IS FURTHER ORDERED that Plaintiff's Cross Motion for Summary Judgment, filed April 11, 2006 (#70) is STRICKEN.
Document 74 1 - Filed 04/18/2006 Page 1 of 2

Case 2:03-cv-02327-MHM-JRI

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IT IS FURTHER ORDERED that Plaintiff's Statement of Facts, filed April 11, 2006 (#71) is STRICKEN. IT IS FURTHER ORDERED that Plaintiff shall have ten days from the filing of this Order to file a proper response to Defendants' Motion for Summary Judgment, filed October 12, 2005 (#53), together with the required separate statement of facts.

DATED: April 17, 2006
S:\Drafts\OutBox\03-2327-70o Order 06 04 13 re Strike MSJ.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge

Case 2:03-cv-02327-MHM-JRI

Document 74 2 - Filed 04/18/2006 -

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