Olmos et al v. Ryan et al

Filing 79

ORDER denying 45 Motion to Supplement, to Include Documents 2, 3 and8 as Part of the Court Record. Signed by Judge G Murray Snow on 2/6/12.(DMT)

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1 WO JKM 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Timothy Paul Olmos, Plaintiff, 10 11 vs. 12 Charles Ryan, et al., 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-2564-PHX-GMS (MEA) ORDER 15 16 17 Before the Court is Plaintiff’s Motion for Order to Include Documents 2, 3 and 8 as Part of the Court Record (Doc. 45). The motion will be denied. 18 On November 28, 2010, Plaintiff filed a Motion for Leave to File Lengthy Complaint 19 and Related Pleadings (Doc.1) and lodged a Complaint Addendum (Docs. 2 and 3) and a 20 Memorandum Establishing Conformance with 42 U.S.C. § 1997e(a) (Doc. 8). On February 21 9, 2011, the Court granted in part and denied in part Plaintiff’s Motion for Leave to File. 22 (Doc. 11.). The Clerk was directed to file the Complaint portion of Doc. 2, but not to file the 23 lodged Complaint Addendum portion of Doc. 2 and Doc. 3. The Court also directed the 24 Clerk not to file Plaintiff’s lodged Memorandum Establishing Conformance with 42 U.S.C. 25 § 1997e(a) (Doc. 8). 26 Nine months later, Plaintiff filed his Motion for Order to Include Documents 2, 3 and 27 8 as Part of the Court Record (Doc. 45). Plaintiff wants these documents to be part of the 28 record so that they can be reviewed by the United States Court of Appeals for the Ninth 1 Circuit and the United States Supreme Court in his interlocutory appeal. Plaintiff’s Motion 2 will be denied because the documents remain available for review by the appellate courts. 3 Although the documents were not filed, they remain available as lodged documents in the 4 Court’s electronic docket. 5 6 7 IT IS ORDERED that Plaintiff’s Motion for Order to Include Documents 2, 3 and 8 as Part of the Court Record (Doc. 45) is denied. DATED this 6th day of February, 2012. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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