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

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

Document 68

Filed 11/23/2005

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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 AND TO VACATE HEARING

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 November 23, 2005 to December 2, 2005, and that the oral argument and Pre-Trial Conference scheduled for December 6, 2005, be vacated and rescheduled to a later date. 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.

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

Document 68

Filed 11/23/2005

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2. The Partial Motion for Summary Judgment contests BOP's rejection of mail containing newspaper clippings, articles printed off the internet, and photocopied 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. On November 22, 2005, the undersigned was advised by representatives of BOP, that the Regional Office of the BOP had decided to issue a directive indicating that such mail should not be rejected solely pursuant to 28 C.F.R. § 540.71(a)(2). This directive would make Plaintiff's motion moot. However, due to the holiday weekend, the directive cannot be issued until the week of November 28, 2005. 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.

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

Document 68

Filed 11/23/2005

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Dated this

day of November, 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

Document 68

Filed 11/23/2005

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CERTIFICATE OF MAILING I hereby certify that on this 23 rd day of November, 2005, I electronically filed the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME AND TO VACATE HEARING 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 23 rd day of November, 2005, I served the forgoing UNOPPOSED MOTION FOR EXTENSION OF TIME AND TO VACATE HEARING 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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