Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Timothy Lee Ward, Plaintiff -vsKarr, et al., Defendants CV-03-2159-PHX-ROS (JRI) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Under consideration is Plaintiff's Motion to Correct Record, filed August 22, 2008 (#188). Although briefing on the motion is not complete, the Court finds that further briefing is not necessary to a fair adjudication of the motion. Plaintiff references the following

portion of the Court's recent order: "Defendants have provided notice that in response to inquiries with prison officials, defense counsel was advised the Plaintiff is in custody of ten legal books, the most allowed, and would be provided to exchange the books in his custody." (Order 8/15/08, #185 at 2.) Plaintiff protests he had legal books in his possession. The Court made no findings on Plaintiff's possession of such books, but merely summarized Defendant's response to Plaintiff's Motion for District Court Assistance, filed July 23, 2008 (#178). Further, the Court granted Plaintiff's motion. Plaintiff's request is moot. In the meantime, on August 22, 2008, Plaintiff filed a Supplement (#187) to his Response to the motion for summary judgment. In the Court's Order filed August 15, 2008, Plaintiff was granted leave to file an amended response in light of his difficulties in having his original response prepared. Plaintiff was not granted leave to file a partial supplement, and the Court is loathe to populate the docket with serial supplements or amendments. IT IS THEREFORE ORDERED that Plaintiff's Motion to Correct Record, filed August 22, 2008 (#188) is DENIED.
Document 1891 - Filed 08/26/2008 Page 1 of 2

Case 2:03-cv-02159-ROS-JRI

1 2 3 4 5 6 7 8 9 10 11 12

IT IS FURTHER ORDERED that Plaintiff's Supplemental Response, filed August 22, 2008 (#187) be STRICKEN. IT IS FURTHER ORDERED that Plaintiff shall have ten days from the filing of this Order to file an amended response to Defendant's Motion for Summary Judgment, filed May 22, 2008 (#159). IT IS FURTHER ORDERED that Defendants shall have 15 days from the filing of such amended response, or if no such amended response is timely filed then 35 days from the filing of this Order, to reply in support of their Motion for Summary Judgment, filed May 22, 2008 (#159).

DATED: August 26, 2008
S:\Drafts\OutBox\03-2159-188o Order 08 08 25 re MCorrect.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cv-02159-ROS-JRI Document 1892 - Filed 08/26/2008 Page 2 of 2