Free Response - District Court of Colorado - Colorado

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

Document 169

Filed 09/30/2005

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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 "MERIT UNDER EVIDENTIARY INITIAL MATERIAL CHART DOCUMENTARY DOCUMENT"

Defendant SERGEANT NEVINS, by and through his attorneys, CAIN & HAYTER, LLP, hereby files his Response to Plaintiff's "Merit under Evidentiary Initial Material Chart Documentary Document," (filed September 13, 2005 and entered as document number 160 on the Court's docket), and states as follows: 1. Pursuant to this Court's previous Orders (dated July 11, 2005; June 29, 2005; and October 18, 2004), Plaintiff has repeatedly been instructed that all motions must be submitted in proper format pursuant to Fed.R.Civ.P. 7(b). 2. Contrary to this Court's previous Orders and Fed.R.Civ.P. 7(b) Plaintiff's pleading is unintelligible and it does not state with particularity the relief sought. 3. Plaintiff's pleading should be stricken pursuant to Fed. R.Civ.P.7(b).

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

Document 169

Filed 09/30/2005

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4.

It is possible that this pleading filed by the Plaintiff is in response to Defendant's Motion For Summary Judgment. If considered as such, 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. WHEREFORE Defendant Nevins prays for an Order striking Plaintiff's "Merit under

Evidentiary Initial Material Chart Documentary Document," (filed September 13, 2005 and entered as document number 160 on the Court's docket) and in the alternative, for the Recommendation of United States Magistrate Judge to remain unaltered due to the fact that no additional proper evidence was provided by Plaintiff's pleading (filed September 13, 2005 and entered as document number 160 on the Court's docket). Respectfully submitted this 30th day of September, 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

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

Document 169

Filed 09/30/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 30th day of September, 2005, a true and correct copy of the foregoing DEFENDANT NEVINS' RESPONSE TO PLAINTIFF'S "MERIT UNDER EVIDENTIARY INITIAL MATERIAL CHART DOCUMENTARY DOCUMENT" 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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