Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:03-cv-01959-MSK-PAC

Document 251

Filed 09/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01959-MSK-PAC AHMED M. AJAJ, Plaintiff, v. UNITED STATES OF AMERICA, ROBERT A. HOOD, JAMES BURRELL, DAVID DUNCAN, C. CHESTER, and J.C. ZUERCHER, Defendants.

UNOPPOSED MOTION TO CORRECT REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Defendants Hood, Burrell, Duncan, Chester, and Zuercher ("Defendants") hereby file this Unopposed Motion to Correct Reply in Support of Motion for Summary and state as follows: 1. On September 13, 2006, Defendants filed a Reply in Support of the Motion for

Summary Judgment. (Docket No. 243). 2. In their Reply, Defendants address Plaintiff's argument, as set forth in his Response in

Opposition to the Motion for Summary Judgment, that he was denied due process because he was not provided with an opportunity to review a progress report, prior to his transfer to the ADX. Defendants stated that "Plaintiff does not attach the progress report to his Response . . . ." (Id. at 16). 3. After conferring with Plaintiff's counsel, Defendants realize that Plaintiff did, in fact,

attach the progress report in question to his Response in Opposition to the Motion for Summary Judgment. (Docket No. 239, at Ex. 27). 4. Accordingly, Defendants hereby withdraw their statement that Plaintiff failed to attach

his progress report to his Response brief and request that Defendants' Reply be corrected to reflect the

Case 1:03-cv-01959-MSK-PAC

Document 251

Filed 09/26/2006

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withdrawal of this argument. 5. Pursuant to D.C.COLO.LCivR 7.1A, undersigned counsel has conferred with Carmen

Reilly, who represents Plaintiff in this action. Ms. Reilly orally indicated that Plaintiff has no objection to this Motion to Correct. 6. Pursuant to D.C.COLO.LCivR 7.1D, Defendants have attached a Proposed Order to this

unopposed motion. Respectfully submitted this 26th day of September, 2006. TROY A. EID United States Attorney s/ Amanda Rocque Amanda Rocque s/ Elizabeth Weishaupl Elizabeth Weishaupl 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0404 Email: [email protected] [email protected] Attorneys for Defendant

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Case 1:03-cv-01959-MSK-PAC

Document 251

Filed 09/26/2006

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CERTIFICATE OF MAILING I hereby certify that on this 26th day of September, 2006, I electronically filed the foregoing UNOPPOSED MOTION TO CORRECT REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Carmen Nicole Reilly [email protected] [email protected] John Robert Riley [email protected] I hereby certify that on this 26th day of September, 2006, I served the foregoing UNOPPOSED MOTION TO CORRECT REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT on the following non-CM/ECF participants via electronic mail: Christopher Synsvoll, Esq., as designated agent on behalf of the United States and the individual defendants, [email protected]

s/ Amanda Rocque Amanda Rocque Office of the U.S. Attorney

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