Free Other Notice - District Court of Arizona - Arizona

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Daniel P. Struck, Bar #012377 Timothy J. Bojanowski, Bar #022126 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Tel: (602) 263-7324 Fax: (602) 200-7837 [email protected] Attorneys for Defendants Garcia and Miles

6 7 8 9 10 11 v. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Defendants, by and through their attorneys, hereby give notice of withdrawal of their Motion to Dismiss. Defendants previous investigation of Plaintiff's grievances did not indicate that Plaintiff had filed grievances to exhaust his administrative remedies on some of the issues asserted in the Second Amended Complaint. Upon receipt of Plaintiff's submission of the grievances attached as exhibits to Plaintiff's Motion for Extension of Tim e to File Discovery, Defendants concede Plaintiff has exhausted his administrative remedies. Therefore, Defendants Motion to Dismiss should be withdrawn so as to not expend the Court's resources. /// F. Garcia (Asst. Warden), C. Miles (Unit Manager/Bravo) E. Scalet (Ins. Inv.) Todd Mohn (DHO Hearing Officer) Defendants. NOTICE OF WITHDRAWAL OF DEFENDANTS GARICA AND MILES' MOTION TO DISMISS Carlos Arthur Powell, NO. CIV 03-1819 PHX-JAT (LOA) Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:03-cv-01819-JAT

Document 155

Filed 01/10/2006

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W herefore, Defendants respectfully request the Court allow the Motion for Dism iss be withdrawn. RESPECTFULLY SUBMITTED this 10 th day of January 2006. JONES, SKELTON & HOCHULI, P.L.C.

By s/Timothy J. Bojanowski Daniel P. Struck Timothy J. Bojanowski 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Garcia and Miles ORIGINAL of the foregoing electronically filed this 10th day of January 2006, with: Richard W eare, Clerk U NITED S TATES D ISTRICT C OURT COPY of the foregoing mailed this 10th day January 2006, to: The Honorable James A. Teilborg U NITED S TATES D ISTRICT C OURT Sandra Day O'Connor U.S. Courthouse, Suite 523 401 W est Washington, SPC 51 Phoenix, Arizona 85003-2154 COPY of the foregoing faxed this 10th day January 2006, to: Office of the Pro Se Staff Attorney 602-322-7289 COPY of the foregoing mailed this 10 th day of January 2006, to: Carlos Powell, #10090-023 D/U 325 FCI-1 V ICTORVILLE P. O. Box 5300 Adelanto, California 92301-5300 Plaintiff Pro Se s/Dianne Clark

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