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

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

Document 77

Filed 06/01/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-01072-ZLW-BNB JOHN E. LOPEZ, Applicant, v. CARL ZENON, and KEN SALAZAR, The Attorney General of the State of Colorado, Respondents.

UNOPPOSED MOTION FOR AN EXTENSION OF THIRTY (30) DAYS TO CONTINUE THE BRIEFING SCHEDULE

COMES NOW John E. Lopez, Applicant in the above-styled action and hereinafter referred to as "Applicant," by and through undersigned counsel, and moves this Court to enter an order permitting the undersigned counsel an additional thirty (30) days, up to and including July 1, 2006, to file an amended petition in this case. In support of this motion, the Applicant states as follows: 1. Applicant's amended petition is currently due to be filed on June 1, 2006 following this Court's order permitting the use of an investigator in this case. 2. Investigator David J. Williams has now completed his investigation. All potential witnesses have been interviewed. Witness statements are being prepared and forwarded to counsel to be incorporated in Applicant's amended petition. 3. The additional time requested will allow undersigned counsel the opportunity to review the witness statements and prepare the amended petition.

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

Document 77

Filed 06/01/2006

Page 2 of 3

4. Undersigned counsel has contacted Ms. Horne, counsel for the respondents, who indicated that she has no objection to this motion. 5. This Motion is made in good faith, and not for the purpose of delay. No prejudice could inure to any party as a result of the granting of this motion as the Applicant remains incarcerated serving a life sentence.

WHEREFORE, the Applicant respectfully requests that this Honorable Court grant his Motion to permit the undersigned counsel an additional thirty (30) days, up to and including July 1, 2006, to file his amended petition in this case.

DATED this 1st day of June, 2006. Respectfully submitted,

s/Robert G. Levitt Robert G. Levitt, Esq. Counsel for Applicant Colorado Reg. 24252 th 600 17 Street Suite 2800 South Denver, Colorado 80202 (303) 377-9000

2

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

Document 77

Filed 06/01/2006

Page 3 of 3

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by first class mail this 1 day of June, 2006 to: Cheryl Hone, Esq. Assistant Attorney General Office of the Attorney General th 1525 Sherman Street, 5 Floor Denver, Colorado 80203
st

s/Robert G. Levitt Robert G. Levitt, Esq.

3