Free Response to Motion - District Court of Arizona - Arizona

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Terry Goddard Attorney General SUSANNA C. PINEDA Assistant Attorney General Bar No. 011293 1275 W. Washington Phoenix, Arizona 85007-2997 Phone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Timothy Lee Ward, No. CV03-2159 PHX ROS (JRI) Plaintiff, v. Sgt. Karr, et al., Defendants. RESPONSE TO MOTION FOR DISTRICT COURT INTERVENTION

Plaintiff has filed a motion seeking that this Court accept his "late `certificate of service'" upon Defendant Stewart. (Dkt. 81.) Defendant Stewart does not object to said motion, however, he does note that Plaintiff appears to allege some form of conspiracy on the part of himself, his attorney1 and the Arizona Department of Correction to thwart his ability to prosecute his case. He denies these allegations and wishes to advise the court of the information received from the Deputy Warden of the facility where Plaintiff is housed, the Florence-South Unit. In a cover letter to Assistant Attorney General Susanna Pineda (attached), Plaintiff asks that counsel "call off [her] attempts to force me to lose this case at the prison level." Plaintiff then accuses "[Defendant], as well as DOC and its officers" of "doing anything they can to limit [his] abilities to follow courts ordered, or in this case completely block them."
Case 2:03-cv-02159-ROS-JRI Document 83 Filed 06/07/2007 Page 1 of 3
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In his motion, Plaintiff alleges that he was precluded from copying his legal materials on May 30, 2007 due to construction within the library facility. He admits that he was allowed to make his copies later that day at 7:00 p.m. He alleges that his legal mail was subsequently not collected on May 31, 2007, because the housing unit was on lockdown and that staff had misled him regarding when such mail was to be taken. Upon receiving Plaintiff's letter and motion, undersigned counsel called the Deputy Warden of the South Unit, DW Terry Johnson, and confirmed that the library had been closed for one day due to construction. Undersigned was advised that no inmates were permitted in the library on that date for security reasons. DW Johnson further noted that due to the discovery of a couple of "shanks", the unit was on lock down for a period of days. During the lock down, the mail/property officer picked up all legal mail. Plaintiff apparently complains that he missed the daily legal mail run do to some miscommunication between he and a correctional officer at the unit, CO II Robinson. It appears that this matter was resolved between Plaintiff, CO II Robinson, and the Sergeant Plaintiff spoke with regarding the legal mail "call-out." Plaintiff was apparently caught in the middle of a security issue and some staff confusion. Contrary to his insinuation, there is no conspiracy to thwart the prosecution of this case. RESPECTFULLY SUBMITTED this 7th day of June, 2007. Terry Goddard Attorney General

s/ Susanna C. Pineda Susanna C. Pineda Assistant Attorney General Attorneys for Defendant Stewart

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Original e-filed this 7th day of June, 2007, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to:

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Case 2:03-cv-02159-ROS-JRI Document 83 Filed 06/07/2007 Page 3 of 3

Timothy Lee Ward, #148256 ASPC - Florence - South Unit P.O. Box 8400 Florence, AZ 85232 s/ Colleen Jordan Secretary to: Susanna C. Pineda IDS04-0306/RSK:G04-20640 #1015253