Patterson v. Schriro, et al

Filing 130

ORDER re 128 Motion for Clarification and if Needed Noticeof Appeal: GRANTING to the extent he is seeking clarification, but DENIED as moot insofar as he is seeking leave to file a Notice of Appeal. Signed by Judge Robert C Broomfield on 10/25/11.(DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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BARRY NORTHCROSS PATTERSON,

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Plaintiff,

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vs.

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CHARLES L. RYAN, et al.,

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Defendants.

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No. CIV 05-1159-PHX-RCB
O R D E R

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Currently pending before the court is a “Motion for

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Clarification and if Needed Notice of Appeal” filed by plaintiff

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pro se Barry Northcross Patterson (Doc. 128).

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is seeking clarification as to how this lawsuit should proceed

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after Patterson v. Ryan, 2011 WL 399099 (D.Ariz. Aug. 26, 2011)

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(“Patterson I”).

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partial dismissal by the remaining defendants, Broderick and Mason.

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One claim now remains.

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Amended Complaint wherein plaintiff alleges that those two

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defendants violated his free exercise rights under the First

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Amendment.

Plaintiff Patterson

In Patterson I, this court granted the motion for

That claim is in Count I of the Second

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Defendants respond by “request[ing] that the Court . . .

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enter[] a revised scheduling order setting a new dispositive motion

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deadline in no less than 60 days.”

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Because a revised schedule is warranted, the court hereby ORDERS

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that:

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Resp. (Doc. 129) at 2:17-19.

(1) plaintiff’s “Motion for Clarification and if Needed Notice

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of Appeal” (Doc. 128) is GRANTED to the extent he is seeking

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clarification, but DENIED as moot insofar as he is seeking leave to

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file a Notice of Appeal;

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(2) any party may file a dispositive motion directed to the

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one remaining claim sixty (60) days from the date of entry of this

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order; and

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(3) any responses or replies thereto shall be filed and served

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in conformity with all applicable rules and law, including LRCiv

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7.2(c)1 and (d)2; and to the extent any party moves for summary

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. . .

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The opposing party shall, unless otherwise ordered by
the Court and except as otherwise provided by Rule 56
of the Federal Rules of Civil Procedure, and Rule 12.1,
54.2(b), and 56.1, Local Rules of Civil Procedure, have
fourteen (14) days after service in a civil or criminal
case within which to serve and file a responsive memorandum.

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LRCiv 7.2(c) reads as follows:

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LRCiv 7.2(d) states:
The moving party, unless otherwise ordered by the Court,
shall have seven (7) days after service of the responsive
memorandum to file a reply memorandum if that party so desires.

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judgment, they must also comply with all pertinent rules, including

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LRCiv 56.1.

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DATED this 25th day of October, 2011.

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Copies to plaintiff pro se and counsel of record

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