Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01049-EWN-KLM

Document 122

Filed 09/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01049-EWN-OES MITCHELL THEOPHILUS GARRAWAY, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.

________________________________________________________________________ DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION REQUESTING DISMISSAL OF THEIR MOTION FOR SUMMARY JUDGMENT ________________________________________________________________________ The individual defendants, through the undersigned counsel, respond as follows to "Plaintiff's Motion Requesting Dismissal of Defendants' Summary Judgment Motion for Failure to Comply with D.C.COLO.LCivR 56.1, C1 and Rule 56(g) F.R.CIV.P. (Doc. 117): 1. Plaintiff asserts that defendants have failed to properly paginate the exhibits

attached to their brief in support of their motion for summary judgment and the numbering system that appears on the documents is confusing to him. Specifically, plaintiff refers to the document headers added automatically by the clerk of the court upon filing of the document and which appear when a document is viewed or printed out, e.g. page 2 of 7.

Case 1:04-cv-01049-EWN-KLM

Document 122

Filed 09/28/2005

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2.

Since this numbering system was placed on the defendants' documents by

the clerk of the court, the plaintiff's complaint is misdirected to the defendants, who have no control over this numbering system. The defendants exhibits were properly identified and paginated individually. Accordingly, plaintiff's motion should be denied. 3. Pursuant to D.C.COLO.LCivR 7.1(A), the plaintiff failed to confer with the

undersigned counsel regarding his motion, and it should therefore be denied on this ground as well. DATED this 28th day of September, 2005. Respectfully submitted, WILLIAM J. LEONE UNITED STATES ATTORNEY

s/Mark S. Pestal Mark S. Pestal Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0408 [email protected]

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Case 1:04-cv-01049-EWN-KLM

Document 122

Filed 09/28/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on September 28, 2005 foregoing with the Clerk of Court using the ECF system. I electronically filed the

In addition, I hereby certify that I have mailed the document to the following non CM/ECF participants: Mitchell Thephilus Garraway #39096-066 Florence-USP P.O. Box 7000 Florence, CO 81226 And emailed it to: Benjamin J. Brieschke Chris Synsvoll Attorney-Advisor Legal Services Department Florence Correctional Complex P.O. Box 8500 Florence, CO 81226 [email protected] s/Michael Miller Office of the United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0404

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