Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:01-cv-02139-RPM

Document 49

Filed 11/04/2005

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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., Defendant.

UNOPPOSED MOTION TO EXTEND TIME TO SUBMIT SUPPLEMENTATION 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 unopposed motion for extension of time to submit supplementation to the Court. In support thereto, Defendants state as follows: 1. The Plaintiff in this habeas corpus action seeks to have the Court halt deductions from his inmate account to pay $17,5000.00 in restitution which was part of his sentence. 2. The Court has ordered supplementation regarding this order of restitution to be filed on or about November 7, 2005. 3. The parties have been discussing settlement of this matter and may have reached a resolution which would permit dismissal of the case.

Case 1:01-cv-02139-RPM

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Filed 11/04/2005

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4.

However, despite diligent effort, Plaintiff's attorney has been unable to fully discuss the terms of the proposed resolution with her client and thus a brief extension of time is necessary.

5.

A brief extension of 20 days will permit full discussion of the resolution and the preparation and filing of settlement documents in this matter or full supplementation as required by the Court.

6.

Pursuant to D.C.Colo.LCivR 7.1, undersigned counsel discussed this matter with counsel for Plaintiff and is authorized to say that she does not oppose the motion and believes that the additional time will permit her to fully discuss the matter with her client.

WHEREFORE, the Defendants respectfully request an extension of time of up to and including November 28th 2005, within which to file settlement documents or full supplementation 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 49

Filed 11/04/2005

Page 3 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that on November 4, 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]