Free Motion to Supplement - District Court of Colorado - Colorado

Case 1:04-cv-01072-ZLW-BNB

Document 85

Filed 07/14/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1072-ZLW-BNB JOHN E. LOPEZ, Applicant, v. CARL ZENON, and JOHN W. SUTHERS, The Attorney General of the State of Colorado, Respondents. UNOPPOSED MOTION TO SUPPLEMENT ANSWER BY RESPONDING TO SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF APPLICANT'S WRIT OF HABEAS CORPUS PETITION Respondents, by the Attorney General of the State of Colorado, seek permission to respond within 60 days to applicant's Supplemental Memorandum of Law in Support of Applicant's Writ of Habeas Corpus Petition Pursuant to 28 U.S.C. Section 2254. Reasons: 1. Applicant filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 in May 2004. 2. Respondents filed an answer to applicant's petition in August 2004. 3. This Court appointed Robert Levitt as counsel for applicant in July 2005 and granted Mr. Levitt until October 14, 2005, to file an amended petition. Mr. Levitt subsequently moved for appointment of an investigator and to continue the briefing schedule. He obtained extensions of time to file his supplemental memorandum of law until July 13, 2006.

Case 1:04-cv-01072-ZLW-BNB

Document 85

Filed 07/14/2006

Page 2 of 4

4. On July 13, 2006, Mr. Levitt filed a Supplemental Memorandum of Law in Support of Applicant's Writ of Habeas Corpus Petition Pursuant to 28 U.S.C. Section 2254. In this memorandum of law, Mr. Levitt includes new facts obtained through his investigator concerning applicant's original claim. He also raises an additional claim that applicant is actually innocent. 5. Respondents would like an opportunity to respond to these new factual and legal allegations. However, undersigned counsel is currently working on numerous answer briefs due imminently in state court and cannot immediately begin work on a supplemental answer in this case. 6. Undersigned counsel has conferred with applicant's attorney, Robert Levitt, and he has no opposition to the relief requested in this motion. WHEREFORE, respondents respectfully request permission to respond by September 13, 2006, to the Supplemental Memorandum of Law in Support of Applicant's Writ of Habeas Corpus Petition Pursuant to 28 U.S.C. Section 2254.

JOHN W. SUTHERS Attorney General

/s/ Cheryl Hone CHERYL HONE* Assistant Attorney General Appellate Division Criminal Justice Section Attorneys for Respondents

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Case 1:04-cv-01072-ZLW-BNB

Document 85

Filed 07/14/2006

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1525 Sherman Street, 5th Floor Denver, Colorado 80203 D.C. Box No. 20 Telephone: (303) 866-3134 *Counsel of Record

AG ALPHA: AG File:

DAXX GZEW \\S_DOL_2\DATA\AP\APHONECZ\HABEAS\LOPEZ.JOHN.PERMRESPOND.DOC

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Case 1:04-cv-01072-ZLW-BNB

Document 85

Filed 07/14/2006

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CERTIFICATE OF SERVICE I hereby certify that on July 14, 2006, I electronically filed the foregoing UNOPPOSED MOTION TO SUPPLEMENT ANSWER BY RESPONDING TO SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF APPLICANT'S WRIT OF HABEAS CORPUS PETITION with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail address: [email protected]

/s/ Cheryl Hone_____

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