Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-00557-WYD-KLM

Document 232

Filed 10/22/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-00557-PSF-KLM RUSSELL M. BOLES, Plaintiff, v. GARY D. NEET, Defendant.

UNITED STATES OF AMERICA'S UNOPPOSED MOTION TO BE EXCUSED FROM THE FINAL PRETRIAL CONFERENCE, TRIAL, AND OTHER HEARINGS AND MEMORANDUM IN SUPPORT THEREOF

Pursuant to the Court's Minute Order dated October 3, 2007, the United States moves for an order excusing it from attendance at the Final Pretrial Conference currently scheduled for October 29, 2007, from attendance at trial, and from attendance at any other conference or hearing absent further order of the Court. In support of this motion, the United States states as follows: 1. On or about February 9, 2005, defendant filed a Motion to Dismiss, which

included a challenge to the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000, Pub. L. No. 106-274, 114 Stat 803, codified at 42 U.S.C. § 2000cc to 2000cc-5 ("RLUIPA"). The United States then moved to intervene to

Case 1:03-cv-00557-WYD-KLM

Document 232

Filed 10/22/2007

Page 2 of 5

defend the constitutionality of RLUIPA [docket nos. 146-151]. 2. On June 14, 2005, the Court granted the United States' motion to intervene

[docket no. 148]. 3. On September 28, 2005, the Magistrate Judge recommended, inter alia, that

defendant's constitutional challenge to RLUIPA be rejected and his motion to dismiss be denied [docket no. 160]. The District Court approved that recommendation on November 30, 2005 [docket no. 172]. 4. The United States intervened in this action for the limited purpose of

defending the constitutionality of RLUIPA. Because the Court has already found RLUIPA to be constitutional, the issues remaining to be tried do not involve RLUIPA's constitutionality. 5. The United States has no position on the facts or merits of this case or

whether plaintiff is entitled to any relief . Accordingly, the United States would be unable to contribute to the resolution of any remaining issues. 6. The United States is prepared to appear and participate should it be notified

that the constitutionality of RLUIPA is again under consideration by this Court. 7. The United States therefore requests that it be excused from the final pre-

trial conference, the trial, and any other conferences and hearings absent further order of the Court.

2

Case 1:03-cv-00557-WYD-KLM

Document 232

Filed 10/22/2007

Page 3 of 5

STATEMENT OF COMPLIANCE WITH LOCAL RULE 7.1(A) Pursuant to Local Rule 7.1, undersigned counsel contacted counsel for the parties, who stated that they do not oppose this motion. CONCLUSION For the foregoing reasons, the United States requests that the Court excuse it from attendance at the final pre-trial conference, the trial, and any other conferences and hearings absent further order of the Court.

3

Case 1:03-cv-00557-WYD-KLM

Document 232

Filed 10/22/2007

Page 4 of 5

Dated:

October 22, 2007

Respectfully submitted, PETER D. KEISLER Assistant Attorney General TROY A. EID United States Attorney THEODORE C. HIRT Assistant Branch Director s/ Kevin T. Traskos 1 KEVIN T. TRASKOS Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Seventeenth Street Plaza Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0409 MICHAEL Q. HYDE Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W.; P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 514-2205 Fax: (202) 616-8470 Attorneys for the United States of America

1

Filing on behalf of Michael Q. Hyde. 4

Case 1:03-cv-00557-WYD-KLM

Document 232

Filed 10/22/2007

Page 5 of 5

CERTIFICATE OF SERVICE I hereby certify that on October 22, 2007, a true and correct copy of the foregoing United States of America's Unopposed Motion to Be Excused from the Final Pretrial Conference, Trial, and Other Hearings was served via the Court's ECF system upon the following: Counsel for Plaintiff: Terrance D. Carroll Sheldon E. Friedman ISSACSON ROSENBAUM, P.C. 633 17 th Street #2200 Denver, CO 80202 [email protected], [email protected] [email protected], [email protected], [email protected]

Counsel for Defendants: James X. Quinn Assistant Attorney General COLORADO ATTORNEY GENERAL'S OFFICE Litigation Section 1525 Sherman Street, 5th Floor Denver, CO 80203 [email protected] I hereby certify that 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: Case Manager of Russell Marshall Boles #90379 Sterling Correctional Facility (SCF) P.O. Box 6000 Sterling, CO 80751

s/ Kevin T. Traskos KEVIN T. TRASKOS