Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00093-ZLW-BNB

Document 179

Filed 10/24/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action Number: JOSÉ D. RAMIREZ, Plaintiff, v. SERGEANT NEVINS, Unit 3, Defendants. 04-cv-93-ZLW-BNB

DEFENDANT NEVINS' REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Defendant SERGEANT NEVINS, by and through his attorneys, CAIN & HAYTER, LLP, hereby files his Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment (filed October 14, 2005 and entered as document number 175 on the Court's docket), and states as follows: Pursuant to the Minute Order entered by the Court on August 3, 2005, Plaintiff was to file his Response to Defendant's Motion for Summary Judgment on or before August 22, 2005. Plaintiff failed to timely respond to Defendant's Motion for Summary Judgment, which Motion was the subject of the Magistrate Judge's Recommendations filed in this matter on September 26, 2005. Defendant objects to the late filing of Plaintiff's Response to Defendant's Motion for Summary Judgment as untimely and moot, pursuant to the Recommendation of United

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Case 1:04-cv-00093-ZLW-BNB

Document 179

Filed 10/24/2005

Page 2 of 2

States Magistrate Judge, entered in this matter on September 26, 2005 as document number 166 on the Court's docket. WHEREFORE, Defendant respectfully requests that the Recommendation of United States Magistrate Judge, entered with respect to Defendant's Motion for Summary Judgment on September 26, 2005, be adopted and that this action be dismissed in its entirety. Respectfully submitted this 24th day of October, 2005.

s/ Kristine K. Hayter Kristine K. Hayter, No. 30357 CAIN & HAYTER, LLP 128 South Tejon, Suite 100 Colorado Springs, Colorado 80903 Telephone: (719) 575-0010 Email: [email protected] Attorney for Defendant Nevins CERTIFICATE OF SERVICE I hereby certify that on this 24th day of October, 2005, a true and correct copy of the foregoing DEFENDANT NEVINS' REPLY TO TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT was placed in the United States Mail, postage prepaid and addressed to the following:

Jose D. Ramirez, Prisoner No. 52124 Limon Correctional Facility Unit Seg. C 1-4 49030 State Hwy. 71 Limon, CO 80826 s/ Kristi Holtzberg Kristi Holtzberg, Paralegal Page 2 of 2