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

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

Document 71

Filed 01/31/2006

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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 SEVENTY-FIVE (75) 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 seventy-five (75) days, up to and including April 17, 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 February 1, 2006

following this Court's order permitting the use of an investigator in this case. 2. Undersigned counsel and investigator David J. Williams have interviewed witnesses in this case and are continuing the investigative process. 3. Investigator David Williams has represented to undersigned counsel that additional time is needed to complete his investigation in this case thereby providing undersigned counsel with additional facts to support Applicant's amended petition. Mr. Williams has

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

Document 71

Filed 01/31/2006

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assured undersigned counsel that his investigation can be completed consistent with Applicant's extension. 4. In addition, undersigned counsel will be out of the country between March 24 through April 2, 2006 on a planned family vacation and will be unable to evaluate Mr. Williams' final investigative report. Thus, counsel may not be able to complete his review and amend Applicant's petition as needed until his return from vacation. 5. Undersigned counsel has contacted Ms. Horne, counsel for the respondents, who indicated that she has no objection to this motion. 6. 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 seventy-five (75) days, up to and including April 17, 2006, to file his amended petition in this case.

DATED this 31 day of January, 2006. Respectfully submitted,

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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

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

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Filed 01/31/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by first class mail this 31 day of January, 2006 to: Cheryl Hone, Esq. Assistant Attorney General Office of the Attorney General th 1525 Sherman Street, 5 Floor Denver, Colorado 80203
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s/Robert G. Levitt Robert G. Levitt, Esq.

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