Free Response to Objection to Report and Recommendation - District Court of Colorado - Colorado

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

Document 178

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' RESPONSE TO PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE'S RECOMMENDATIONS

Defendant SERGEANT NEVINS, by and through his attorneys, CAIN & HAYTER, LLP, and pursuant to F.R.C.P. Rule 7, and 72(b), hereby files his Response to Plaintiff's Objections to the Magistrate's Recommendations (filed October 14, 2005 and entered as document number 174 on the Court's docket), and states as follows: Plaintiff failed to respond to Defendant's subject Motion for Summary Judgment, which Motion was the subject of the Recommendations filed in this matter on September 26, 2005. Plaintiff has filed contemporaneously with his Objections his Response to Defendant's Motion for Summary Judgment, which Response was due to be filed on or before August 22, 2005.

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

Document 178

Filed 10/24/2005

Page 2 of 3

Defendant objects to the late filing of said Response, as untimely and moot. In addition, said Response offers no proper evidence pursuant to Fed. R. Civ. P. 56(e) for this Court to consider in ruling on Defendant's Motion For Summary Judgment. A party's objections to the recommendation must be both timely and specific to preserve an issue for de novo review by the district court or for appellate review. United States v. One Parcel of Real Property, 73 F.3d 1057, 1060 (10th Cir. 1996). Plaintiff has failed to raise any specific objections to the Magistrate's Recommendations. Plaintiff's Objections do not present any new arguments for the Court to consider and the Recommendation of United States Magistrate Judge, entered on September 26, 2005, should be adopted and this action should be dismissed in its entirety. Defendant objects to Plaintiff's request that the Court stay all proceedings in this matter until such time as Plaintiff has been released from the custody of the Colorado Department of Corrections and can obtain assistance of professional counsel. WHEREFORE, Defendant respectfully requests that the Recommendation of United States Magistrate Judge, entered 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 Page 2 of 3

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

Document 178

Filed 10/24/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 24TH day of October, 2005, a true and correct copy of the foregoing DEFENDANT NEVINS' RESPONSE TO PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE'S RECOMMENDATIONS 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

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