Free Motion for Partial Summary Judgment - District Court of Colorado - Colorado

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

Document 62

Filed 10/20/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2320-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. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiff Mark Jordan ("Jordan"), through his undersigned counsel, respectfully submits the following Motion for Partial Summary Judgment pursuant to Fed.R.Civ.P. 56 and D.C.Colo.LCivR 56.1. Jordan requests the Court to enter a declaratory judgment pursuant to Fed.R.Civ.P. 57 and 28 U.S.C. § 2201, et seq., holding 28 C.F.R. § 540.71(a)(2) unconstitutional as applied to internet printouts, newspaper clippings, and clippings and copies from magazines under the First Amendment to the Constitution of the United States and permanently restraining and enjoining enforcement thereof by the Defendants. In support of this Motion, Jordan submits that, based upon the pleadings, depositions, and documentary responses tendered by the Defendants to Jordan's discovery requests, there is no genuine issue as to any material fact and that he is entitled to judgment on these issues as a matter of law.

1158465_1.doc

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

Document 62

Filed 10/20/2005

Page 2 of 2

Pursuant to D.C.Colo.LCivR 56.1(A), Jordan's Opening Brief and documentary appendix thereto are submitted concurrently herewith. Respectfully submitted this 20th day of October, 2005.

/s/ Edward T. Ramey Edward T. Ramey ATTORNEYS FOR PLAINTIFF Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, CO 80202 Phone: 303/256-3978 Fax: 303/256-3152 E-mail: [email protected] CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 20th day of October, 2005, I electronically filed a true and correct copy of the foregoing PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address: ([email protected]) William G. Pharo, Esq. United States Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 /s/ Jayne M. Wills

1158465_1.doc

2