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

1 2 3 4 5 6 7 8 9 10 11 C. Miles et. al., 12 Defendants. 13 14 15 Pending before the Court is Defendants' Garcia and Miles Motion to Dismiss (Doc. 16 # 154). Defendants now concede that Plaintiff has exhausted his administrative remedies and 17 withdraw the motion (Doc. # 155). The motion will therefore be denied based on the 18 withdrawal. 19 Also pending before the Court is Plaintiff's Motion for Extension of time to respond 20 to Defendants' Motion for Summary Judgment (Doc. # 168). Defendants opposed the 21 request. Plaintiff has since responded to the summary judgment motion. The Court will 22 23 Also pending before the Court is Defendants CCA's Motion Requesting the Court to 24 Order Plaintiff to Copy CCA on all Pleadings (Doc. # 133). Defendants apparently were not 25 sent copies of some filings by Plaintiff last summer. Plaintiff is reminded that he must send 26 27 28 The Court will deem the response timely because it had not yet issued a warning pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998).
Case 2:03-cv-01819-JAT Document 175 Filed 03/16/2006 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Carlos Arthur Powell, Plaintiff, vs.

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No. CV 03-1819-PHX-JAT ORDER

grant the extension of time to the extent that the response at Doc. # 170 is deemed timely.1

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copies of all pleadings to Defendants. However, because there does not appear to be any recent issues, the Court will deny the motion as moot. Also pending is Plaintiff's Motion for Extension of Time to File Discovery Due to Defendants Filing Motion to Dismiss Without Answering Complaint (Doc. # 157). Plaintiff filed this motion on January 9. On January 10, Defendants withdrew their Motion to Dismiss. On January 11, Defendants waived service of process and answered the complaint. Accordingly, Plaintiff's motion for extension of time will be denied. Finally, pending before the Court is Plaintiff's Motion for Sanctions against Jacque Hahn for allegedly improperly accepting service of the complaint on behalf of Stella Ponce (Doc. # 148). The Court declines to award sanctions. Jacque Hahn is not a party to this case and therefore the Court does not currently have jurisdiction over him. The Court further notes that Ponce has since waived service of process and is participating in this action. Accordingly, IT IS ORDERED that Defendants' Motion to Dismiss (Doc. # 154) is DENIED; IT IS FURTHER ORDERED that Plaintiff's Motion for Extension of time to respond to Defendants' Motion for Summary Judgment (Doc. # 168) is GRANTED to the extent that the response filed at Doc. # 170 is deemed timely and DENIED in all other respects; IT IS FURTHER ORDERED that Defendants' Motion Requesting the Court to Order Plaintiff to Copy CCA on all Pleadings (Doc. # 133) is DENIED; IT IS FURTHER ORDERED that Plaintiff's Motion for Extension of Time to File Discovery Due to Defendants Filing Motion to Dismiss Without Answering Complaint (Doc. # 157) is DENIED; /// /// /// ///

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IT IS FURTHER ORDERED that Plaintiff's Motion for Sanctions (Doc. # 148) is DENIED. DATED this 13th day of March, 2006.

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