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

FILED LODGED
RECENED COPY
Timothy Lee Ward, 148256
1 Arizona State Prison Complex-Florence FEB 2 9 2008
South Unit ( ,
2 Post Office Box 8400 CLERKlJS[NSTRKH`COURT
Florence, Arizona 85232-8400 BY DISTRICT OF
3 Plaintiff Pro—Per ‘“"“*“““"“"”“
4
5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE DISTRICT OF ARIZONA
7
) Case No.: CIV—03—2159 PHX ROS (JRI)
8 Timothy Lee Ward, )
) Motion for District Court Order
9 Plalntlffr ) Clarification/Motion to Expand Limits
) on Discovery )
10 VS. )
)
11 Sgt. Carr, et. al., )
>
12 Defendant ) (
13 Comes now, the Plaintiff, Timothy Lee Ward, pro-per, pursuant to Rules 7
14 (B) (1), 26 (B) (2) and 34 (A) of the Federal Rules of Civil Procedure and
15 herby requests this Honorable Court clarify it’s order dated December 18,
16 2007, and increase the limits on Requests for Production of Documents.
17 On December 18, 2007, this Honorable Court set the limitations on
18 Requests for Production of Documents “No more than 15 from each party to any
19 other party". The Plaintiff took this to mean he could request 15 sets of
20 documents from each Defendant. The total being thirty (30). This is what
21 the Plaintiff thought he was agreeing to when he signed the “Planned Meeting
22 Report" filed with this Court on January 22, 2008.
23 On February 14, 2008, the Defendant’s attorney wrote to Plaintiff
24 stating she would not produce any additional documents since Plaintiff
25 exceeded the limit of 15 requests.
Case 2:03-cv—O2159-BOS-JRI D¤¤umeP·.r12s Filed O2/29/2008 I Page 1 of 3

1 This case is a complex case. This case involves two defendants with two
2 different legal issues with each defendant. If the Plaintiff had known that
3 the total Request for Production of Documents was 15, he would dave requested
4 an increase at that time. As it stands now, the Plaintiff is going to ask
5 this Honorable Court entertain his request for an increase in the number of
6 Document requests he can submit to the Defendants to 35. The request for the
7 increase is for the following reasons:
8 1) The documents submitted by the Defendants pursuant to Plaintiff’s
9 request did not include any documentation of his in unit confinehent in
10 isolation. Plaintiff was placed in isolation prior to Defendant Carr being
11 allegedly approached by the alleged “Confidential Informants”. These
12 documents are vital to Plaintiff’s case.
13 2) Defendants allege Plaintiff’s living area was searched, yet
14 Plaintiff was never searched prior to his placement into isolation. Again
15 this is vital to the Plaintiff’s case.
16 3) Plaintiff was not aware that “Confidential Informants" existed until
17 after his initial Request for Production of Documents, and upon receipt of
18 the Draft copy for the “Planned Meeting Report".
19 The enumerated areas above are going to require Request for Production
20 of Documents for Search Logs, Housing Unit Logs, Isolation Policy,
21 “Confidential Informant" policy, identities of Corrections Officers,
22 documentation of Plaintiff’s isolation in unit, documentation of Plaintiff’s
23 interrogation concerning photographs of Inmate Daniels, and information
24 reports. For this Honorable Court’s perusal the Plaintiff has attached a
25 Lodged Request for Production of Documents with this Request.
Case 2:03-cv—O2159-ROS-JRI Documénf 123 Filed O2/29/2008 v Page 2 of 3

1 Wherefore, the Plaintiff, requests this Honorable Court clarify it’s
2 December 18, 2007, order and allow an increase in the number of Requests for
3 Production of Documents. 1
4
5 Respectfully submitted this day of February, 2008
6
7 Timothy Lee Ward
Plaintiff Pro-Per
8 7
9 Copies of the Foregoing mailed this E>$ day of February, 2008, to:
10 Office of the Clerk
United States District Court
ll 401 West Washington Street, SPC-1
Phoenix, Arizona 85003-2118
12
Ms. Michele Forney, Attorney A
13 Office of the Attorney General
1275 West Washington
14 Phoenix, Arizona 85007-2926
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23 y
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Case 2:03-cv-02159-ROS-JRI

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