Free Motion for Leave to File - District Court of Arizona - Arizona

1 ANDREW P. THOMAS
MARICOPA COUNTY ATTORNEY
2
By: DENNIS D. CARPENTER, JR.
3 State Bar No. 019422
REBECCA C. SALISBURY
4 State Bar No. 022006
Deputy County Attorneys
5 MCAO Firm No. 00032000
6 CIVIL DIVISION
Security Center Building
7 222 North Central Avenue, Suite 1100
Phoenix, Arizona 85004-2206
8 Telephone (602) 506-8541
9 Attorneys for Detention Officer Bingaman
10 IN THE UNITED STATES DISTRICT COURT
11 FOR THE DISTRICT OF ARIZONA
12 Frederick M. Ellis, NO. CV03-2186-PHX-EHC (MS)
13 Plaintiff, DEFENDANT’S MOTION FOR
LEAVE TO FILE MOTION FOR
14 v. SUMMARY JUDGMENT
15 Officer Bingamin,
16 Defendant.
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Defendant Officer Bingamanl, by and through counsel, and for good
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cause shown, hereby respectfully requests leave from the Court to tile a motion
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for summary judgment. The deadline for the parties to file a motion for summary
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judgment in this case has passed. However, Defendant Officer Bingaman was
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22 I Officer Bingaman has incorrectly been identified as "Officer Bingamin" in several of the previous
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1 intending to support a motion with documents from Plaintiffs medical records.
2 Defendant’s attempts to obtain those medical records have been thwarted by
3 PIaintiff’s refusal to grant medical releases to Defendant. Those releases are
4 required by medical providers at both the Maricopa County Department of
5 Correctional Health Services as well as the Arizona Department of Corrections
6 before medical records can be released to third parties.
7 Furthermore, Plaintiffs whereabouts are now unknown. Plaintiff was
8 released from custody by the Arizona Department of Corrections in January of
9 2006. Plaintiff has failed to tile a Notice of Change of Address nor attempted to
10 contact Defendant to indicate his current location or address.
11 Therefore, Defendant requests leave from the Court to tile a motion for
12 summary judgment regarding Plaintiffs constitutional claims as well as to
13 dismiss Plaintiffs complaint in its entirety for failure to prosecute pursuant to
14 Rule 41 (b), Federal Rules of Civil Procedure.
15 RESPECTFULLY SUBMITTED this 13th day of March 2006
16 ANDREW P. THOMAS
17 MARICOPA COUNTY ATTORNEY
18 f
19 BY: s/Dennis D. Carpenter, Jr.
DENNIS D. CARPENTER, JR.
20 REBECCA C. SALISBURY
Deputy County Attorneys
21 Attorneys for Officer Bingaman
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1 ORIGINAL of the foregoing E-FILED
and copies MAILED this 13th day of
2 March 2006, to:
3 Honorable Earl H. Carroll
United States District Court Judge
4 Sandra Day O’Connor U.S. Courthouse, Ste. 521
401 West Washington Street, SPC 48
5 Phoenix, AZ 85003
6 Honorable Morton Sitver
United States Magistrate Judge
7 Sandra Day O’Connor U.S. Courthouse, Ste 514
401 West Washington Street, SPC 13
8 Phoenix, AZ 85003
9 Frederick M. Ellis, #055144
ASPC-Winslow/Coronado 200012
10 2100 S. Highway 87
Winslow, Arizona 86047
11 Plaintiff Pro Per
12 s/Martha Estrella
cmosiig
13 S:\COUNSEL\CiviI\Matters\CJ\2005\ElIis v. D.O. Bingaman CJ05-119\PIeadings\M0tion for leave to file msj.d0c
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