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

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

Document 74

Filed 04/13/2006

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 FORTY-FIVE (45) 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 forty-five (45) days, up to and including June 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 April 17, 2006 following this Court's order permitting the use of an investigator in this case. 2. Investigator David J. Williams has represented to undersigned counsel that he has completed all aspects of his investigation, except for locating and interviewing one particular witness. Mr. Williams contacted undersigned counsel on April 12, 2006 and stated that he was attempting to make contact with the outstanding witness on that date. 3. The additional time requested will allow Mr. Williams the opportunity to contact and interview his last witness. Upon completing his interview, Mr. Williams has represented

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

Document 74

Filed 04/13/2006

Page 2 of 3

to undersigned counsel that he will prepare his investigative notes and provide a copy to undersigned counsel to facilitate the preparation of Applicant's amended petition. 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 forty-five (45) days, up to and including June 1, 2006, to file his amended petition in this case.

DATED this 13th day of April, 2006. Respectfully submitted,

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

2

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

Document 74

Filed 04/13/2006

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 13 day of April, 2006 to: Cheryl Hone, Esq. Assistant Attorney General Office of the Attorney General th 1525 Sherman Street, 5 Floor Denver, Colorado 80203
th

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

3