Free Response - District Court of Colorado - Colorado

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

Document 168

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 "FACTS DOCUMENDARY [SIC] MATERIAL CHARTS TO SHOW ALLEGATION OF DEALYS [SIC] AND CONFUSION"

Defendant SERGEANT NEVINS, by and through his attorneys, CAIN & HAYTER, LLP, hereby files his "Response to Plaintiff's "Facts Documentary Material Charts to Show Allegation of Dealys [Sic] and Confusion" (filed September 16, 2005 and entered as document number 163 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. 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 168

Filed 09/30/2005

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3.

Defendant denies any and all allegations that CDOC has in any way attempted to make things harder for the Plaintiff to pursue his litigation.

4.

Defendant Nevins is the only Defendant remaining in this case, therefore, the Plaintiff's pleading is not relevant to the allegations against Defendant Nevins and should be stricken from the record. WHEREFORE Defendant Nevins prays for an Order striking Plaintiff's "Facts

Documentary Material Charts to Show Allegation of Dealys [Sic] and Confusion" (filed September 16, 2005 and entered as document number 163 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 168

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 "FACTS DOCUMENTARY MATERIAL CHARTS TO SHOW ALLEGATION OF DEALYS [SIC] AND CONFUSION" 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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