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

Case 1:04-cv-00551-LTB-CBS

Document 43

Filed 07/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-551-LTB-CBS STEVEN D. HARRINGTON, Applicant, v. LARRY REID, Warden, and KEN SALAZAR, Attorney General of the State of Colorado, Respondents.

UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE AMENDED PETITION AND BRIEF IN SUPPORT COMES NOW Steven D. Harrington, Applicant in the above-styled action and hereinafter referred to as "Applicant," by and through undersigned counsel, and moves this Court to enter an order permitting the undersigned counsel an additional thirty (30) days, up to and including August 24, 2005, to file an amended petition and supporting brief on behalf of the Applicant. In support of this motion, the Applicant states as follows: 1. Applicant's amended petition and supporting brief are currently due to be filed on July 25, 2005. This is Applicant's second request for an extension. 2. Undersigned counsel has completed a draft of Applicant's amended petition. The Applicant has requested that undersigned counsel review the contents of the motion with Applicant prior to filing to insure the accuracy of facts outlined in the petition.

Case 1:04-cv-00551-LTB-CBS

Document 43

Filed 07/15/2005

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Therefore, undersigned counsel has scheduled an attorney visit at Centennial Correctional Facility in Canon City for July 28, 2005. 3. Following counsel's conference with the Applicant on July 28, 2005, the petition will be corrected and finalized as needed for filing. 4. No further extensions are contemplated at this time. 5. Undersigned counsel has contacted Mr. Koehler, counsel for the Respondents, who indicated that he has no objection to this motion. 6. This Motion is made in good faith, and not for the purpose of delay. No prejudice could inure to any party as a result of the granting of this motion and effective representation will be insured.

WHEREFORE, the Applicant respectfully requests that this Honorable Court grant his Motion to permit the undersigned counsel an additional thirty (30) days, up to and including August 24, 2005, to file an amended petition and supporting brief in this cause.

DATED this 13th day of July, 2005.

Respectfully submitted, s/ Robert G. Levitt Robert G. Levitt, Esq. Counsel for Applicant Colorado Reg. 24252 600 17th Street Suite 2800 South Denver, Colorado 80202 (303) 377-9000 Email: [email protected]

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Case 1:04-cv-00551-LTB-CBS

Document 43

Filed 07/15/2005

Page 3 of 3

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by first class mail this 13th day of July, 2005 to: Paul Koehler, Esq. Assistant Attorney General Office of the Attorney General 1525 Sherman Street, 5th Floor Denver, Colorado 80203 s/ Robert G. Levitt Robert G. Levitt, Esq.

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