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

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

Document 106

Filed 09/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1049-EWN-OES MITCHELL THEOPHILUS GARRAWAY, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. ________________________________________________________________________ DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTION ________________________________________________________________________ The individual defendants, through the undersigned counsel, move pursuant to Fed. R. Civ. P. 6(b) for a ten-day extension of time to file a dispositive motion and state therefor: 1. Pursuant to the Scheduling Order in this case, dispositive motions are due on

or before September 1, 2005. No trial date has been set in this case. 2. The undersigned is in the process of finalizing a dispositive motion for the 13

individual defendants. Due to unexpected personal travel and business travel last month, the undersigned was not able to complete the motion. Additionally, he is awaiting receipt of a declaration from each defendant, some of whom have been on leave during the last month.

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

Document 106

Filed 09/01/2005

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3.

Rule 7.1 Certification. The undersigned contacted the pro se plaintiff

(through BOP attorney Ben Brieschke), and the plaintiff does not have an objection to this request for extension of time. 4. This motion is not interposed as a means of delay.

WHEREFORE the defendants respectfully request up to and including September 16, 2005, in which to file a dispositive motion on their behalf. DATED this 1st day of September, 2005. Respectfully submitted, WILLIAM J. LEONE INTERIM 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

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

Document 106

Filed 09/01/2005

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on September 1, 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: None and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant(s) in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: Mitchell Garraway, Reg. No. 38096-066 USP - Florence P.O. Box 7000 Florence, Colorado 81226 Via E-Mail: Benjamin J. Brieschke Attorney-Advisors Legal Services Department Florence Correctional Complex P.O. Box 8500 Florence, Colorado 81226

/s/ Mark S. Pestal Mark S. Pestal Assistant U.S. Attorney United States Attorney's Office 1225 Seventeenth, Suite 700 Denver, Colorado 80202 PH: (303) 454-0100 FX: (303) 454-0408

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