United States Ninth Circuit

Petition for a writ of prohibition brought by the state of Arizona, as well as its AG and assistant AG, to prohibit the district court from enforcing portions of a scheduling order entered in a prisoner civil rights lawsuit is denied where the district court did not err or abuse its discretion in directing that petitioners investigate respondent's claims and present their findings to the court and to respondent. As a permissible option within its broad discretion, a district court in an appropriate case can issue a Martinez-style order that is reasonably tailored to the pretrial needs of the district court to assess the case.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• PER CURIAM., Before:  ALEX KOZINSKI, Chief Judge, RONALD M. GOULD and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul E. Carter, Daniel P. Schaack, and Terry Goddard, Phoenix, AZ, for the petitioners., Robert V. Tuzon, Tucson, AZ, for the real party in interest.


• For Appellees:
  
• Frank R. Zapata, Phoenix, AZ, for the respondent.