Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:01-cv-02299-PSF-BNB

Document 276

Filed 05/15/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-cv -2299-PSF-BNB F. DAVID SLUSHER and KEY KIPLING, Plaintiffs, v. JOHN W. SUTHERS, et al., Defendants.

STATE DEFENDANTS' MOTION FOR EXTENSION OF TIME TO SUBMIT COPIES OF GRIEVANCE PROCEDURES

Comes now State Defendants by and through their attorney of record Edward T. Farry, Jr. and respectfully requests and extension of time within which to submit copies of Grievance Procedures per the court's order dated April 28, 2006 [Doc. 273] as grounds therefor states as follows: 1. The Court entered an order on April 28, 2006 [Doc. 273] requesting Defendants

submit the grievance procedures (Administrative Regulations) that were in effect at the time of Plaintiff's claims in spring of 2000 and again in the spring of 2004 as the only documents available on line are the most current. 2. After communications with the Litigation Coordinator at the Canon City Facility,

where Plaintiff is currently incarcerated, it was determined that since these documents are so aged that they would only be available through the archives at the Department of Corrections. 3. The central office of the Department of Corrections has been contacted and every

Case 1:01-cv-02299-PSF-BNB

Document 276

Filed 05/15/2006

Page 2 of 2

effort is being made to procure these documents quickly. Defendants' counsel, per the court's order, was to submit these documents May 10, 2006, but still does not have the authenticated copies in its possession to do so. WHEREFORE, counsel for the Defendants requests an extension of the Court's request up to and including May 22, 2006 to submit these documents. Respectfully submitted May 15, 2006. FARRY and RECTOR, L.L.P. s/ Edward T. Farry Edward T. Farry, Jr. #8273 Attorney for State Defendants 131 South Weber Street Colorado Springs, CO 80903 Phone Number (719) 578-2000 Facsimile Number (719) 578-1794 Original copy signed by Edward T. Farry is on file with Farry and Rector, L.L.P.

CERTIFICATE OF SERVICE I hereby certify that on May 15, 2006, a copy of the foregoing Motion for Extension of Time was electronically filed with the Clerk of Court using CM/ECF system, which will send notification to the following, and served on each of the following at the indicated address by first class U.S. mail, postage prepaid:

F. David Slusher DOC #44260 Fremont Correctional Facility P.O. Box 999 Canon City, CO 81215

Joan E. Bailey Original Copy signed by Joan E. Bailey is on file with Farry and Rector, L.L.P.