Free Response to Motion - District Court of Colorado - Colorado

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

Document 155

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 FOR APPOINTMENT OF COUNSEL

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 for Appointment of Counsel [filed on August 24, 2005, and entered on the Court's docket on September 2, 2005 as document number 149], and states as follows: 1. There are no facts in the record that illustrate the Plaintiff cannot proceed, pro se, as he has been in this litigation. 2. Plaintiff has not met his burden of convincing the court that there is sufficient merit to his claim to warrant the appointment of counsel. See Hill v. Smithkline Beecham Corp., 393 F.3d 111 (10th Cir. 2004).

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

Document 155

Filed 09/06/2005

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3.

Defendant construes the Plaintiff's Motion for Appointment of Counsel, the third such Motion filed in this case by the Plaintiff, as a delay tactic on the part of the Plaintiff. WHEREFORE Defendant prays for an Order denying Plaintiff's Motion for

Appointment of Counsel. 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 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 FOR

APPOINTMENT OF COUNSEL 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 Page 2 of 2