Free Other Notice - District Court of Arizona - Arizona

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1 1 str 2 0 2005
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3 5401 North Black Canyon Highway BY _ B DEPUTY
1 Phoenix, Arizona 85015 s
4 1
5 i IN THE UNITED STATES DISTRICT COURT
6 FOR THE DISTRICT OF ARIZONA
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7
3 i SCOTT M. MCNAIR No. CV-03-2119-PHX-NVW
Plaintiff`,
9 PLAINTIFF’S NOTICE OF BANKRUPTCY
V. DISCHARGE AND ABANDONMENT OF CLAIMS
10
County of Maricopa, et al, Assigned to the Hon. Neil V. Wake
1] Defendants,
12
13
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15 { I. PLEA FOR LENIENCY AND WAIVER OF FORMAL REQUIREMENTS
16 In that the Plaintiff (McNair) is neither represented by counsel nor had any formal legal training,
17 he does hereby request lerriency from the Court for the form and content of this pleading, and does
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18 request the Court to waive and/or modify any formal procedural requirements in order to insure
19 McNair due process and equitable justice, and to insure that a fair and just determination can be
20 l made. Moreover, as McNair is a pro se litigant and not an attorney, his pleadings must be considered
21 without technicality. (“Pr0 se litigants ’ pleadings are not to be held to the same high standards 0f
22 perfection as lawyers. "l)
l Haines V. Kemer, 92 S.Ct. 594; Jenkins V. McKeithen, 395 US 411, 421 (1969); Picking V. Penna. Rwy. Co. 151
F.2d 240; Puckett V. Cox, 456 F .2d 233.)
` Case 2:03-cv—O2119-NVW Document 57 I Filed O9/20/2005 Page 1 of 3

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2 II. MEMORANDUM
3 On May 23 2005, the Honorable Neil V. Wake issued a stay in these proceeding until September
4 20 2005.
5 This stay was issued due to Plaintiff tiling a petition under Chapter 7 of the Bankruptcy Code in
6 the United States Bankruptcy Court for the District of Arizona. (See Notice of Assumption of
7 Plaintiff s Case by U.S. Bankruptcy Court and Motion for Stay of Proceedings [doe. 52] tiled May
8 12, 2005.) Accordingly, Plaintiffs ability to proceed and prosecute this case was assumed by the
9 Bankruptcy Trustee as an asset of Plaintiffs estate.
10 On June 7 2005, the Trustee issued a “NOTlCE OF TRUSTEE’S INTENT TO ABANDON
ll PROPERTY" referencing this case as the property to be abandoned. On June 27 2005, the United
12 States Bankruptcy Court for the District of Arizona issued a “DlSCHARGE OF DEBTOR(S)" in
13 reference to Plaintiff s petition for Chapter 7 Bankruptcy. As the time for any interested party to
14 respond to either of these issues has expired, the property in question (this case) has therefore
15 reverted back to Plaintiff.
16 Accordingly, Plaintiff now notifies this court that he does hereby intend to proceed and prosecute
17 this case on his own behalf.
18 Whereas there are a number of motions by plaintiff outstanding that this stay has precluded
19 plaintiff from replying to, he does hereby respectfully request until close of business October 3 2005
20 to tile his responses to such.
21 The court is also advised that on this date, Plaintiff has filed his Reply to Plaintiff s Motion for
22 Partial Summary Judgment (along with appendix of exhibits), and requests the Court to consider and
23 rule upon such.
24
Case 2:O3—cv—O2119-NVW Document 57 2 Filed O9/20/2005 Page 2 of 3

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A l
2 RESPECTFULLY SUBMITTED this 20"' day of SEPTEMBER 2005.
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4 BY @7/ » ga '
i *—
5 Scott M. McNair, Plaintiff Pro Per
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8 ORIGINAL and COPY FILED with:
9
Clerk ofthe Court
10 ? United States District Court
District of Arizona
1 1 Sandra Day O'Cormor U.S. Courthouse
401 W. Washington Street, Suite 130
12 Phoenix, AZ 85003-2118
13
14 COPY of the forgoing HAN D-DELIVERED to:
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Ofiice of the Maricopa County Attomey
16 Attn: Dan Brenden
222 North Central Avenue, Suite 1100
17 R Phoenix, Arizona 85004
t (Counsel for Defendants: Maricopa County, Medlin, Peterson, & Ramsey)
18 ,
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19 COPY of the forgoing MAILED to
20
F Jones, Skelton & Hochuli, P.L.C.
21 Attn: Eileen Dennis Gi1Bride
2901 N. Central Avenue, Suite 800,
22 R Phoenix, Arizona 85012,
23 p
24
3 .
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