Free Order - District Court of Arizona - Arizona

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2 C
3
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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Timothy Lee Ward, . No. 031-2159-PHX—ROS
10 Plaintiff- Appellant, ORDER
1 l vs.
l2
13 Gerry Bennett, Property Officer; et al.,
14 Defendants - Appellees.
15
I6 Plaintiff Timothy Lee Ward wishes to appeal the granting of summary judgment in
17 favor of Defendant Gerry Bennett. In awarding summary judgment the Court concluded that
18 Defendant could not be held responsible for any violations of Plaintiffs rights due to
19 Defendant not being present when the alleged violations occurred. Defendant presented
20 evidence of his absence during the relevant time period and Plaintiff admitted that Defendant
21 was not involved in the alleged violation of his rights. (Doc. 29) In light of Plaintiffs
22 admission that Defendant was not involved in the alleged violations, and the case law
23 requiring personal participation for liability to attach, the Court concludes that Plaintiffs
24 appeal is not taken in good faith.
25 I
26 DATED ; . » /2 my
27 ;;1tL..,._ W
28 l{.Ii)iil ta;1s istrictJudge"· x
se 2:O3—cv-O2159—ROS—JRI Document 51 Filed O1/O9/2006 Pa@ 1 013

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
December 13, 2005 h ‘
TIMOTHY LEE WARD, No. 05-1 73 29
C D.C. No. CV-03-02l59—PHX-
Plaintiff - Appellant, ROS
v.
-- -- —GER=R¥ BENNETT, Brepe1*ty»€}ffice1*, - ~ e· ·· - - - E E . F y A __
REFERRAL NOTICE l
Defendant - Appellee,
and
KARR; et al.,
Defendants.
This matter is referred to the district court for the limited purpose of
determining whether this appeal has been taken in good faith or is frivolous. See
28 USC Sec. 1915(a)(3). U
If the district court is of the opinion that this appeal is frivolous or not taken
in good faith, the district court is requested to complete the attached certification
form and retum it to this court within 21 days. If this court does not receive a
_ _ completed certification formjwithin 21 days, it will presume that the district court
considers the appeal to have been takenin goodfaitlii I M " Ac·i· ` _ 1
This referral shall not affect the briefing schedule previously established by
this court.
FOR THE COURT:
. Cathy A. Catterson
Clerk of Court
By: Corina Orozco ` `
Deputy Clerk
Case 2:03-cv-02159-ROS—JRI Document 51 Filed O1/O9/2006 Page 2 of 3

UNITED STATES DISTRICT COURT U
FOR THE DISTRICT OF
TIMOTHY LEE WARD, No. 05-17329
D.C. No. CV-03-02l59—PHX-
Plaintiff- Appellant, ROS
v.
- A -GEPaRY BENNE-TE- fwer, ·· - -— 3 3- - A _- A ~ _- ---» A — ,;.__, _;
ORDER I
Defendant- Appellee,
‘ and `
KARR; et al., ‘
Defendants. `
This appeal has been taken in good faith [ ]
This appeal is not taken in good faith Mx
Explanation: U _
ig Iudge I
United States District Court .
Date: /g (vg O (6
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