Pinson v. Unknown Party et al

Filing 115

ORDER that the Motion for Sanctions (Doc. 113 ) is DENIED. Signed by Senior Judge David C Bury on 8/28/2019. (ARC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jeremy Pinson,
Plaintiff,

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ORDER

v.

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No. CV-13-02059-TUC-DCB

Unknown Party, et al.,

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Defendants.

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On August 14, 2019, the Court denied a request by the Plaintiff to appoint counsel,

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wherein he argued that he was being denied access to his legal files. Simultaneously,

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Plaintiff sought a preliminary injunction enjoining the seizure of her legal materials and

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lack of access to a law library. In response to the motion, the Defendants responded with

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an affidavit from property officer, Jose Rodriguez, stating that Plaintiff had access to an

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electronic library and her legal papers, and the Plaintiff had not asked for the Self Help

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Litigation Manual, but the manual would be provided to the Plaintiff. The Court denied the

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request for an injunction.

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On August 21, 2019, the Plaintiff filed a Motion for Sanctions for Perjurious

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Declaration, accusing Officer Rodriguez of lying because Plaintiff’s legal materials were

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seized in this case during the middle of discovery. The Plaintiff alleges that her legal

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documents were seized on July 13, 2019, upon her emergency hospitalization, and only

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partially returned on August 12, 2019. Plaintiff complains that she needs access to her

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legal materials to prosecute this case; discovery ended on August 12, 2019,1 and dispositive

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motions are due on September 12, 2019.

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The Court treats the Motion for Sanctions against Officer Rodriguez like a Motion

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for Reconsideration of the Court’s August 14, 2019, Order and denies it. In the event the

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Plaintiff needs an extension of time to file the dispositive motion because she lacked access

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to her legal records from July 13 to August 12, the Court shall grant it. She must, however,

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support any request for an extension of time by attaching a copy of her request for legal

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materials to reflect when the request was made.

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opportunity to explain when her legal materials were provided and explain any untimely

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Defendants shall be afforded an

delay.

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Accordingly,

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IT IS ORDERED that the Motion for Sanctions (Doc. 113) is DENIED.

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Dated this 28th day of August, 2019.

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On August 21, 2019, the Plaintiff filed a Motion to Compel answers to interrogatories.
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