Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) Plaintiff, ) ) v. ) ) DORA SCHRIRO, et al., ) ) Defendants. ) _______________________________) BARRY NORTHCROSS PATTERSON,

CIV 03-02178 PHX PGR (VAM)

Pursuant to the Court's order of January 4, 2007,
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Defendants have filed a supplemental motion to dismiss [Docket
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No. 59], pursuant to Rule 12 of the Federal Rules of Civil
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Procedure.
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Plaintiff is advised of the following specific

provisions of Rule 7.2, United States District Court for the District of Arizona Local Rules of Civil Procedure:
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Subparagraph (e) provides:
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Unless otherwise permitted by the Court, a motion including its supporting memorandum, and the response including its supporting memorandum, each shall not exceed fifteen (15) pages, exclusive of attachments and any required statement of facts. Unless otherwise permitted by the Court, a reply including its supporting memorandum shall not exceed ten (10) pages, exclusive of attachments. Subparagraph (i) provides: If a motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not
Document 60 Filed 02/05/2007 Page 1 of 3

Case 2:03-cv-02178-PGR-MHB

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serve and file the required answering memoranda, or if counsel for any party fails to appear at the time and place assigned for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion and the court may dispose of the motion summarily. Defendants' motion seeks dismissal of your complaint

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for
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your

failure

to

exhaust

all

available

administrative

remedies as required by 42 U.S.C. § 1997e(a). Court
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Accordingly, the other admissible

may

consider

sworn

declarations

or

evidence beyond your complaint. Moreover, if Defendants produce admissible evidence demonstrating that you failed to exhaust
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your administrative remedies, your remaining claim will be
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dismissed without prejudice unless you produce copies of your
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grievances and grievance appeals or other admissible evidence
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sufficient
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to

show

that

you

did

exhaust

all

available

administrative remedies. It is the Plaintiff's obligation to timely respond to
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all motions. The failure of Plaintiff to respond to Defendants'
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motion to dismiss may, in the discretion of the Court, be deemed
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a consent to the granting of that motion without further notice,
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and judgment may be entered dismissing the complaint and action
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with prejudice pursuant to Local Rule 7.2.
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See Brydges v.

Lewis, 18 F.3d 651 (9th Cir. 1994) (per curiam). IT IS THEREFORE ORDERED that Plaintiff shall have
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thirty (30) days from the date this order is filed to file a
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response to Defendants' motion to dismiss.
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IT IS FURTHER ORDERED that Defendants shall file any
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reply
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within

fifteen

(15)

days

from

the

date

Plaintiff's

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response is filed. IT IS FURTHER ORDERED that the motion to dismiss shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. DATED this 5th day of February, 2007.

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