Free Response to Motion - District Court of Arizona - Arizona

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Terry Goddard Attorney General Michele L. Forney, Bar No. 019775 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7670 E-mail: [email protected] Attorneys for Defendants

7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 13 14 15 16 appointment of counsel (Dkt. #96) and take no position on Plaintiff's requests for 17 18 19 20 21 22 23 24 25 26 27 28 ///
Document 100 Filed 10/23/2007 Page 1 of 2

Timothy Lee Ward, No. CV 03-2159 PHX ROS (JRI) Plaintiff, v. Sgt. Carr, et al., Defendants. Defendants Carr and Stewart hereby acknowledge receipt of Plaintiff's motion for RESPONSE TO MOTION FOR APPOINTMENT OF COUNSEL

appointment of counsel other than to advise that Plaintiff's motion fails to present "exceptional circumstances" warranting the appointment of counsel. See 28 U.S.C. § 1915(e)(1); Wilborn v. Escalderon, 789 F.2d 1328 (9th Cir.1986). Plaintiff alleges that he is unable to afford counsel and that his incarceration will limit his ability to litigate and to conduct necessary research and discovery. However, Plaintiff does not demonstrate that his situation differs from other inmates who bring civil lawsuits. /// ///

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

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RESPECTFULLY SUBMITTED this 23rd day of October, 2007. Terry Goddard Attorney General

s/Michele L. Forney Michele L. Forney Assistant Attorney General Attorneys for Defendants

Original e-filed this 23rd day of October, 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: Timothy Lee Ward, #148256 ASPC - Florence - South Unit P.O. Box 8400 Florence, AZ 85232

s/Colleen S. Jordan Secretary to: Michele L. Forney IDS04-0306/RSK:G04-20640 #79447

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Document 100 Filed 10/23/2007 Page 2 of 2

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