Free Order on Motion for Extension of Time - District Court of Arizona - Arizona

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Case 2:03-cv-02159-ROS-JRI Document 1761 - Filed 07/02/2008 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Timothy Lee Ward, Plaintiff -vsCarr, et al., Defendants CV-03-2159-PHX-ROS (JRI) ORDER

Under consideration is Plaintiff's Motion for Extension of Time, filed June 27, 2008 (#173). Plaintiff seeks a 45 day extension of time to respond to Defendants' Motion for Summary Judgment filed May 22, 2008 (#159), which is currently due June 26, 2008. Plaintiff cites as cause for the delay his recent transfer and resulting loss of access to his legal materials, as well as his hope to obtain affidavits from other inmates. Defendants have responded (#175) voicing no objection. The Court finds good cause for an extension. However, it appears that the time requested is excessive, particularly in light of the age of this matter. Plaintiff has already had over five weeks to prepare a response. Even in light of his past difficulties, an extension of 30 days should be adequate. Plaintiff is cautioned that further extensions are unlikely. IT IS THEREFORE ORDERED that Plaintiff's Motion for Extension of Time, filed June 27, 2008 (#173) is GRANTED. Plaintiff shall have until July 28, 2008 to respond to to Defendants' Motion for Summary Judgment filed May 22, 2008 (#159).

DATED: July 1, 2008
S:\Drafts\OutBox\03-2159-143o Order 08 06 30 re MExtend.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge