Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) Plaintiff, ) ) v. ) ) JOSEPH ARPAIO, CAPTAIN TATE, ) ) Defendants. ) _______________________________) ALVIN LARUE PINKOSON,

CIV 03-1928 PHX MHM (MEA) ORDER

Defendants have filed a motion [Docket No. 40] to
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dismiss Plaintiff's complaint.
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Plaintiff is advised of the of Rule 7.2, United States

following
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specific

provisions

District Court for the District of Arizona Local Rules of Civil Procedure:
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Subparagraph (e) provides:
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Unless otherwise permitted by the Court, a motion including its supporting memorandum, and the response including its supporting memorandum, each shall not exceed fifteen (15) pages, exclusive of attachments and any required statement of facts. Unless otherwise permitted by the Court, a reply including its supporting memorandum shall not exceed ten (10) pages, exclusive of attachments. Subparagraph (i) provides: If a motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not serve and file the required answering memoranda, or if counsel for any party fails
Document 44 Filed 01/19/2007 Page 1 of 3

Case 2:03-cv-01928-ROS-MEA

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to appear at the time and place assigned for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion and the court may dispose of the motion summarily. If Defendants' motion seeks dismissal of your complaint

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for
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your

failure

to

exhaust

all

available

administrative

remedies as required by 42 U.S.C. § 1997e(a), the Court may consider sworn declarations or other admissible evidence beyond
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your complaint.
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Moreover, if Defendants produce admissible that your you failed to will exhaust be your

evidence
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demonstrating remedies,

administrative
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complaint

dismissed

without prejudice unless you produce copies of your grievances and grievance appeals or other admissible evidence sufficient to
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show that you did exhaust all available administrative remedies.
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It is the Plaintiff's obligation to timely respond to
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all motions. The failure of Plaintiff to respond to Defendants'
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motion to dismiss may, in the discretion of the Court, be deemed
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a consent to the granting of that motion without further notice,
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and judgment may be entered dismissing the complaint and action
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with prejudice pursuant to Local Rule 7.2.
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See Brydges v.

Lewis, 18 F.3d 651 (9th Cir. 1994) (per curiam). IT IS THEREFORE ORDERED that Plaintiff shall have
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thirty (30) days from the date this order is filed to file a
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response to Defendants' motion to dismiss.
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IT IS FURTHER ORDERED that Defendants shall file any
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reply
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within

fifteen

(15)

days

from

the

date

Plaintiff's

response is filed.

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IT IS FURTHER ORDERED that the motion to dismiss shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. DATED this 18th day of January, 2007.

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