Free Status Report - District Court of Colorado - Colorado

Case 1:01-cv-02139-RPM

Document 51

Filed 11/28/2005

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02139-RPM GARY LLOYD BRUCE, Plaintiff, v. FEDERAL BUREAU OF PRISONS, et al., Defendants.

STATUS REPORT TO THE COURT

Defendants Federal Bureau of Prisons and Samuel L. Pratt, by William J. Leone, United States Attorney for the District of Colorado, and Elizabeth A. Weishaupl, Assistant United States Attorney, hereby submit the following status report to the Court and state as follows: 1. On March 5, 1992 the United States District Court for the District of

Minnesota criminally sentenced Mr. Bruce. Part of that sentence included a $17,500 fine in which the sentencing court determined that the "fine plus interest required shall be paid . . . as directed by the probation office." 2. On September 15, 1995, Mr. Bruce and the BOP entered into an Inmate

Financial Contract in which Mr. Bruce was to make $25.00 payments toward that fine from his employment in the Federal Prison Industries ("UNICOR") program. He executed an additional Inmate Financial Contract on April 2, 1998, directing the same

Case 1:01-cv-02139-RPM

Document 51

Filed 11/28/2005

Page 2 of 5

payment plan. 3. In January 2001, Plaintiff was asked to enter into an Inmate Financial

Contract contributing 50% of his UNICOR wages to payment of his fine. Plaintiff believed that such an agreement was inappropriate and refused to do so. However, on January 30, 2001, Plaintiff signed an agreement, under objection, regarding this payment plan. 4. Plaintiff filed Civil Action 01-M-2139 seeking to declare the January 30,

2001 Inmate Financial Agreement void. Plaintiff argued that pursuant to 28 C.F.R. § 545.11 he was under no obligation to pay his fine while in BOP custody. 5. The BOP sought guidance from the United States Probation Office

("USPO") and the sentencing judge in the sentencing district of Minnesota regarding this issue. While awaiting response from the USPO, the BOP placed Mr. Bruce in the status of "Exempt TMP" or Temporarily Exempt from Participation in the IFRP and permitted him to keep his employment with UNICOR. 6. The sentencing judge has passed away and is therefore unable to give

guidance on the payment of the fine. 7. The parties have engaged in negotiations in an attempt to resolve this

matter. The parties have not agreed about the best vehicle for memorializing their agreement and therefore believe that administrative closure may be the best resolution until Mr. Bruce is released from BOP's custody into the supervision of the Probation Department on November 22, 2006.

Case 1:01-cv-02139-RPM

Document 51

Filed 11/28/2005

Page 3 of 5

8.

While the case is administratively closed the parties agree to the following: a. BOP shall continue to keep Bruce an IFRP assignment of Exempt

TMP or Temporarily Exempt from Participation in the IFRP until he is released from the custody of the BOP to the supervision of the USPB. b. Plaintiff shall be allowed to continue employment in the

UNICOR program. c. Plaintiff agrees that he is liable for payment of his fine, plus interest

due and owing on this fine upon his release to the supervision of the USPB. d. The parties agree that at the end of Plaintiff's incarceration on

November 22, 2006, Plaintiff will file a Motion to Dismiss pursuant to Fed. R. Civ. P. 41 dismissing the case with prejudice and that each side will bear their own attorney fees and costs upon dismissal. 9. Upon Plaintiff's release to the supervision of the Probation Department on

November 22, 2006, the case would no longer need to be kept in administrative closure. Upon Plaintiff's release to the Probation Department, Plaintiff will file a Motion for Dismissal, prepared in accordance with Fed. R. Civ. P. 41(a)(1), requesting that the above-captioned suit be dismissed, in its entirety, with prejudice. 10. Pursuant to D.C.Colo.LCivR 7.1, Defendants' counsel consulted with

Plaintiff's counsel regarding the information contained in this status report and is authorized to state that she agrees with this information and would also request administrative closure pending Plaintiff's release on November 22, 2006 but was unable

Case 1:01-cv-02139-RPM

Document 51

Filed 11/28/2005

Page 4 of 5

to speak to Mr. Bruce prior to the filing of the status report. WHEREFORE, the Defendants' Plaintiff respectfully submits the following status report to the Court. Respectfully submitted, WILLIAM J. LEONE United States Attorney

s/Elizabeth A. Weishaupl ELIZABETH A. WEISHAUPL Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 (303) 454-0404 [email protected] Attorney for Defendant

Case 1:01-cv-02139-RPM

Document 51

Filed 11/28/2005

Page 5 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 28, 2005 I electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name:

s/ Elizabeth A. Weishaupl Elizabeth A. Weishaupl Attorney for Defendant United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0404 E-mail: [email protected]