Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:03-cv-02320-PSF-MJW

Document 71

Filed 12/02/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02320-PSF-MJW MARK JORDAN, Plaintiff, v. ROBERT A. HOOD, Warden, ADX Florence, MARY H. SOSA, Acting ISM, ADX Florence, in their official capacities, and FEDERAL BUREAU OF PRISONS, Defendants.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SUMMARY JUDGMENT MOTION

Defendants Robert A. Hood and Mary Sosa, in their official capacities, and the Federal Bureau of Prisons (BOP), move that the time for responding to Plaintiff's Partial Motion for Summary Judgment be extended from December 2, 2005, to December 12, 2005. In support, the Defendants state as follows: 1. Plaintiff filed a Partial Motion for Summary Judgment on October 20, 2005. Defendants' response was originally due on November 15, 2005. Defendant was granted an extension of the response date until November 23, 2005, and then to December 2, 2005. 2. The Partial Motion for Summary Judgment contests BOP's rejection of mail containing newspaper clippings, articles printed off the internet, and photocopied

Case 1:03-cv-02320-PSF-MJW

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Filed 12/02/2005

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newspaper and magazine articles pursuant to 28 C.F.R. § 540.71(a)(2) ("At medium security, high security, and administrative institutions, an inmate may receive softcover publications (for example, paperback books, newspaper clippings, magazines, and other similar items) only from the publisher, from a book club, or from a bookstore."). 3. The undersigned has been advised by BOP, that the Regional Director is still considering the language of a proposed guidance memorandum indicating that such mail should not be rejected solely pursuant to 28 C.F.R. § 540.71(a)(2). This guidance memorandum will likely provide the relief Plaintiff is seeking in the Partial Motion for Summary Judgment once it is finalized. 4. Pursuant to D.C.COLO.LCivR. 7.1A, the undersigned has contacted Plaintiff's counsel regarding this motion, and Mr. Ramey indicated that he had no objection. Dated this day of December, 2005. Respectfully submitted, WILLIAM J. LEONE United States Attorney s/William G. Pharo William G. Pharo Assistant United States Attorney 1225 Seventeenth St., Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0404 E-mail: [email protected] Attorney for Defendants

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Case 1:03-cv-02320-PSF-MJW

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Filed 12/02/2005

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CERTIFICATE OF MAILING I hereby certify that on this 2 nd day of December, 2005, I electronically filed the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SUMMARY JUDGMENT MOTION with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Edward T. Ramey [email protected] [email protected] I hereby certify that on this 2 nd day of December, 2005, I served the forgoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SUMMARY JUDGMENT MOTION to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: Theresa Montoya - via e-mail

s/William G. Pharo William G. Pharo Assistant United States Attorney 1225 Seventeenth St., Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0404 E-mail: [email protected] Attorney for Defendants

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