Free Response to Motion - District Court of Colorado - Colorado

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

Document 167

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 "STIPULATION OF CONTINUANCE EXTENUANCES [SIC] AND DUE PROCESS RIGHT"

Defendant SERGEANT NEVINS, by and through his attorneys, CAIN & HAYTER, LLP, hereby files his Response to Plaintiff's "Stipulation of Continuance Extenuances [sic] and Due Process Right," (filed September 13, 2005 and entered as document number 161 on the Court's docket), and states as follows: 1. Pursuant to the Court's docket report for this case, the Court has construed Plaintiff's pleading as a Motion to Continue and a Motion for Court Order to release Plaintiff's legal files from Property. 2. Defendant denies any and all allegations that CDOC has in any way attempted to make things harder for the Plaintiff to pursue his litigation. 3. Defendant Nevins is the only Defendant remaining in this case, therefore, the Plaintiff's pleading is not relevant to the allegations against Defendant Nevins.

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

Document 167

Filed 09/30/2005

Page 2 of 3

4.

The only upcoming deadline in this matter is Plaintiff's deadline to file any written objections to the Recommendations of United States Magistrate Judge regarding Defendant's Motion for Summary Judgment.

5.

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).

6.

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.

7.

Should Plaintiff's pleading be considered by the Court as a Motion to Continue, Defendant objects to any continuance in this case.

8.

Should Plaintiff's pleading be considered yet another Motion for Appointment of Counsel, Defendant objects as such motion is moot, pursuant to the Court's Order entered on September 26, 2005 regarding this issue.

9.

For all the reasons set forth herein, Plaintiff's pleading should be stricken pursuant to Fed. R.Civ.P.7(b). WHEREFORE Defendant Nevins prays for an Order striking Plaintiff's "Stipulation

of Continuance Extenuances [sic] and Due Process Right," (filed September 13, 2005 and entered as document number 161 on the Court's docket) or in the alternative, Defendant prays the Court denies Plaintiff's Motion. Respectfully submitted this 30th day of September, 2005.

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

Document 167

Filed 09/30/2005

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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 30th day of September, 2005, a true and correct copy of the foregoing DEFENDANT NEVINS' RESPONSE TO PLAINTIFF'S "STIPULATION OF CONTINUANCE EXTENUANCES [SIC] AND DUE PROCESS RIGHT" 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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