Free Response - District Court of Colorado - Colorado

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

Document 156

Filed 09/06/2005

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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'S RESPONSE TO PLAINTIFF'S "MOTION TO INTURN [sic] THE COURT OF EXTENUATING CIRCUMSTANCES / REQUEST FOR COURTS CONSIDERATION AND HELP" Defendant SERGEANT NEVINS, by and through his attorneys, CAIN & HAYTER, LLP, and pursuant to D.C.COLO.LCivR 7.1, hereby files Defendant's Response to Plaintiff's "Motion to Inturn [sic] the Court of Extenuating Circumstances / Request for Courts Consideration and Help," [filed on August 24, 2005, and entered on the Court's docket on September 2, 2005 as document number 150], and states as follows: 1. Defendant denies any and all allegations that CDOC has in any way attempted to make things harder for the Plaintiff to pursue his litigation. 2. Defendant Nevins is the only Defendant remaining in this case, therefore, the Plaintiff's pleading is not relevant to the allegations against Defendant Nevins. 3. Pursuant to D.C.COLO.LCivR. 7.1, "motions, responses, and replies shall be concise. A verbose, redundant, ungrammatical, or unintelligible motion, response

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

Document 156

Filed 09/06/2005

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or reply may be stricken or returned for revision, and the filing may be grounds for imposing sanctions." 4. For all the reasons set forth herein, Defendant requests that Plaintiff's "Motion to Inturn [sic] the Court of Extenuating Circumstances / Request for Courts Consideration and Help," [filed on August 24, 2005, and entered on the Court's docket on September 2, 2005 as document number 150] be stricken from the record in this case. WHEREFORE Defendant Nevins prays for an Order striking from the record in this case Plaintiff's "Motion to Inturn [sic] the Court of Extenuating Circumstances / Request for Courts Consideration and Help," [filed on August 24, 2005, and entered on the Court's docket on September 2, 2005 as document number 150]. Respectfully submitted this 6TH day of September, 2005. Duly signed original is on file at the office of CAIN & HAYTER, LLP /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 156

Filed 09/06/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 6TH day of September, 2005, a true and correct copy of the foregoing DEFENDANT'S RESPONSE TO PLAINTIFF'S "MOTION TO INTURN [sic] THE COURT OF EXTENUATING CIRCUMSTANCES / REQUEST FOR COURTS CONSIDERATION AND HELP" 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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