Free Order on Motion for Leave to File - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Felipe J. Martinez, Plaintiff, vs. James Baird, et al., Defendants.

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No. CV-03-1729-PHX-RCB (LOA) ORDER

This matter arises on Plaintiff's Request for Leave to Resubmit Plaintiff's Motion for Summary Judgment. (document # 98) Plaintiff recently filed a motion for summary judgment. (document # 87) Thereafter, he filed a Notice to the Court claiming that Arizona Department of Corrections ("ADOC") staff tampered with his motion for summary judgment. Plaintiff claimed that on September 23, 2005, he gave his motion to ADOC staff to mail to Plaintiff's father for copying. Plaintiff claimed that his motion did not reach his father until three weeks later. Plaintiff eventually filed his motion for summary judgment with the Court. Upon receipt of his conformed copy, Plaintiff discovered that approximately 95 pages of his motion, including 22 exhibits were missing. Plaintiff did not offer any evidence to support his claim that ADOC staff had tampered with his motion. Rather, it appeared that an error had occurred when Plaintiff's motion was copied. Because Plaintiff's motion for summary judgment was incomplete, the Court ordered it stricken without prejudice to refiling. (document # 95) In his pending motion, Plaintiff advises the Court that he has obtained copies of the missing exhibits and wishes to resubmit his motion for summary judgment. Plaintiff, however,
Case 2:03-cv-01729-RCB Document 105 Filed 01/19/2006 Page 1 of 2

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claims that he cannot afford to copy his entire motion for summary judgment again. After Plaintiff filed the pending Motion for Leave to Resubmit Plaintiff's Motion for Summary Judgment, on January 12, 2006, Plaintiff filed a Motion for Summary Judgment including exhibits. (document # 104) It appears that Plaintiff has now filed a complete Motion for Summary Judgment. Accordingly, his pending motion is moot. Accordingly, IT IS HEREBY ORDERED that Plaintiff's Request for Leave to Resubmit Plaintiff's Motion for Summary Judgment (document # 98) is DENIED as moot. DATED this 18th day of January, 2006.

Case 2:03-cv-01729-RCB

-2Document 105 Filed 01/19/2006

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