Free Motion for Ruling - District Court of Colorado - Colorado

Case 1:00-cv-02555-JLK-BNB

Document 65

Filed 10/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case Number 00-K-2555 (BNB) ________________________________________________________________________ PAMELA CLIFTON, Plaintiff, vs. DR. JOSEPH McGARY, in his individual capacity; NURSE IONA EUBANKS, in her individual capacity; OFFICER ANAYA, in her individual capacity; OFFICER WILKES, in her individual capacity, Defendants.

AMENDED MOTION FOR RULING

PLEASE TAKE NOTICE THAT THE PLAINTIFF, PAMELA CLIFTON, by and through counsel, David A. Lane of Killmer, Lane & Newman, LLP, hereby files the following AMENDED MOTION FOR RULING: 1. A Summary judgment motion has been pending before this Court for approximately three years as has Plaintiff's motion to determine the constitutionality of various aspects of the PLRA, captioned Plaintiff's Motion To Recognize The Constitutional And Human Rights Of Prison Inmates. 2. Once the Court rules on Plaintiff's motion, the parties have agreed, and the Court has Ordered a response will be filed by Plaintiff on Defendants' motion for summary judgment. 3. All of the issues on the constitutionality of the PLRA have been briefed and are ripe for decision.

Case 1:00-cv-02555-JLK-BNB

Document 65

Filed 10/21/2005

Page 2 of 3

4. It is respectfully requested that this Honorable Court rule in this matter. Undersigned counsel apologizes to the Court and all counsel for any confusion his prior motion may have caused. Counsel inadvertently believed that it was the summary judgment motion which needed a ruling when it was the above-referenced motion 5. Pursuant to Local Rule 7.1, opposing counsel Tom Lyons does not oppose this motion. WHEREFORE, it is respectfully requested that this Court grant this motion and for any other relief that this Court deems just and proper. Respectfully submitted, KILLMER, LANE & NEWMAN, LLP s/ David A. Lane ___________________________ David A. Lane 1543 Champa Street, Suite 400 Denver, CO 80202 (303) 571-1000

By:

CERTIFICATE OF SERVICE I hereby certify that on October 21, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
·

Thomas J. Lyons [email protected] [email protected];[email protected]

and I hereby certify that I have mailed or served the document or paper to the following participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Vincent M. Garvey U.S. Department of Justice Civil Division, Federal Programs Branch 901 E Street, N.W., #946 Washington, DC 20530

Case 1:00-cv-02555-JLK-BNB

Document 65

Filed 10/21/2005

Page 3 of 3

KILLMER, LANE & NEWMAN LLP /s/David A. Lane David A. Lane Attorney for Plaintiff 1543 Champa St., Suite 400 Denver, Colorado 80202 (303) 571-1000 (303) 571-1001 ­ FAX [email protected]