Free Other Notice - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General KELLEY J. MORRISSEY Assistant Attorney General State Bar No. 016158 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA FELIPE J. MARTINEZ, Plaintiff, v. JAMES W. BAIRD, et al., Defendants. Defendants Baird, Jones, Siers, and Macabuhay acknowledge receipt of Plaintiffs "Motion in Opposition and request for Clarification from the Court" (hereinafter referred to as "Motion in Opposition") (Dkt. 126), dated June 10, 2006.1 It appears that Plaintiff is objecting to the Court's Order withdrawing the reference to the Magistrate Judge regarding Plaintiff's Motion for Summary Judgment (Dkt. 104). Plaintiff requests the Court clarify if the documents cited in the Court's Order were taken under consideration for final summary judgment disposition or to rule on Plaintiff's Motion to Strike. It does not appear that Plaintiff's "Motion in Opposition" ... ... Although Plaintiff's Motion is dated June 10, 2006, it was not mailed to undersigned counsel until June 20, 2006.
Case 2:03-cv-01729-RCB Document 128 Filed 06/26/2006 Page 1 of 2
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No. CV 03-1729-PHX-RCB (LOA) DEFENDANTS' NOTICE OF ACKNOWLEDGMENT

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requires a response from the Defendants. Accordingly, the Defendants will not file a response to Plaintiff's "Motion in Opposition" unless directed to do so by the Court. RESPECTFULLY SUBMITTED on this 26th day of June, 2006. TERRY GODDARD Attorney General

s/ Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

ORIGINAL of the foregoing e-filed this 26th day of June, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 Copy of the foregoing has been mailed this 26th day of June, 2006, to: Felipe J. Martinez, #102001 ASPC-Tucson-Santa Rita Unit P.O. Box 24406 Tucson, AZ 85734 Plaintiff Pro Per s/A. Palumbo Secretary to Kelley J. Morrissey
IDS03-0579/RM#G03-04130 966526

Case 2:03-cv-01729-RCB

Document 128

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Filed 06/26/2006

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