Free Response to Motion - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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. Plaintiff asserts that his Motion for Summary Judgment and Statement of Facts filed on November 8, 2005, were missing pages. He requests the opportunity to resubmit his Motion to allow him to replace the missing documents/exhibits. In its Order filed December 9, 2005, the Court struck Plaintiff' Motion for Summary Judgment and ordered Plaintiff to submit a complete copy of his Motion for Summary Judgment on or before January 5, 2006. (Dkt. 95.) Pursuant to his request, the Defendants are returning to Plaintiff a copy of his previously filed Motion for ... ... ... ... DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO RESUBMIT HIS MOTION FOR SUMMARY JUDGMENT No. CV 03-1729-PHX-RCB (LOA)

Case 2:03-cv-01729-RCB

Document 102

Filed 12/21/2005

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Summary Judgment. Accordingly, Plaintiff's request to resubmit his Motion for Summary Judgment is moot. RESPECTFULLY SUBMITTED on this 21st day of December, 2005. TERRY GODDARD Attorney General

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

Case 2:03-cv-01729-RCB

Document 102

2

Filed 12/21/2005

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

ORIGINAL of the foregoing electronically filed this 21st day of December, 2005, 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 21st day of December, 2005, 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 939051

Case 2:03-cv-01729-RCB

Document 102

3

Filed 12/21/2005

Page 3 of 3