Free Notice (Other) - District Court of Colorado - Colorado

Case 1:04-cv-01382-ZLW-KLM

Document 39

Filed 05/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01382-ZLW-PAC KENNETH E. PEPER; Plaintiff, v. DEPARTMENT OF AGRICULTURE OF THE UNITED STATES OF AMERICA; MIKE JOHANNS, Secretary in his official capacity; FOREST SERVICE OF THE UNITED STATES OF AMERICA; and DALE BOSWORTH, as Chief in his official capacity, Defendants.

DEFENDANTS' NOTIFICATION TO THE COURT THAT PLAINTIFF HAS REPRESENTED THAT HE WILL BE OUT-OF-THE-COUNTRY UNTIL JUNE 1, 2007

Defendants, the United States Department of Agriculture; Mike Johanns, Secretary in his official capacity; the United States Forest Service ("Forest Service"); and Dale Bosworth, as Chief in his official capacity (collectively the "United States") by and through undersigned counsel, respond to the Court's Minute Order dated May 16, 2007, (Doc. No. 38) to notify the Court that the Plaintiff may not be able to comply with the Court's order that he file a response to Defendants' Notification That The Administrative Process is Complete and Request That Plaintiff's Remaining Claim Be Dismissed (Doc.

Case 1:04-cv-01382-ZLW-KLM

Document 39

Filed 05/16/2007

Page 2 of 3

No. 37) by May 29, 2007, because Plaintiff had previously informed undersigned counsel that he would be out-of-the-country from May 5, 2007 to June 1, 2007. RESPECTFULLY SUBMITTED this 16th day of May 2007. TROY A. EID UNITED STATES ATTORNEY s/Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney 1225 17 th Street, Suite 700 Denver, CO 80202 Telephone: 303-454-0127 FAX: 303-454-0404 [email protected] Counsel for the United States

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Case 1:04-cv-01382-ZLW-KLM

Document 39

Filed 05/16/2007

Page 3 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on May 16, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: and I hereby certify that on May 17, 2007, I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand- delivery, etc.) indicated by the nonparticipant's name: Kenneth E. Peper P.O. Box 57 Hygiene, Colorado 80503 (By Mail)

s/Roxane J. Perruso Roxane J. Perruso

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