Free Order - District Court of Arizona - Arizona

SRM

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S:\Drafts\OutBox\03-2327-61o Order 06 01 10 re MAdmonition.wpd

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Charles McManus, Plaintiff -vsCarl B. Dodge, et al., Defendant(s) CV-03-2327-PHX-MHM (JI) ORDER

Under consideration is Defendants' Request for Court Order Admonishing Plaintiff, filed January 10, 2006 (#61). Defendants seek an order admonishing Plaintiff about

responding to their Motion for Summary Judgment filed October 12, 2005 (#53), pursuant to Rand v.Rowland, 154 F.3d 952 (9th Cir. 1998). Although Plaintiff has not responded and the time to respond has not yet run, the Court finds that neither a response nor a reply are necessary to a fair adjudication of the motion. Although not reflected in the Clerk's docket entry, the Court's Order filed October 25, 2005 (#57) included a Rand admonition and schedule for response to the motion for summary judgment. Accordingly, it appears that no further admonition is required. IT IS THEREFORE ORDERED that Defendants' Request for Court Order

Admonishing Plaintiff, filed January 10, 2006 (#61) is DENIED as moot.

DATED: January 17, 2006

_____________________________________ JAY R. IRWIN United States Magistrate Judge

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Case 2:03-cv-02327-MHM-JRI Document 62 1 - Filed 01/18/2006 Page 1 of 1