IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT REVEREND MATT HALE, Plaintiff-Appellant, vs. FEDERAL BUREAU OF PRISONS, et al., Defendants-Appellees. |
Case No. 18-1141 |
APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF
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Appellees move for an additional 30 days to file their response brief, which the Court has directed be filed on or before June 18, 2018. Appellees request a new filing date of July 18, 2018.
In support of this motion:
1. This is Appellees’ first request for an extension.
2. Appellant is in the custody of the Federal Bureau of Prisons at the United States Penitentiary – Administrative Maximum, in Florence, Colorado. However, counsel has conferred with Appellant, who is proceeding pro se, who stated that he opposes the motion.
3. Undersigned counsel, who is responsible for writing the response brief, cannot finish the brief by June 18 with the exercise of due diligence:
a. Since the filing of Appellant’s opening brief, which undersigned counsel did not receive until it was docketed on the CM/ECF system on May 25, 2018, counsel has been responsible for preparing and filing summary judgment briefing on dispositive motions in three cases: Prison Legal News v. Federal Bureau of Prisons, No. 15-cv-02184-RM-STV (D. Colo. 2015), on June 4, 2018, with another brief due on June 18, 2018; Ajaj v. Federal Bureau of Prisons, No. 15-cv-00992-RBJ-KLM (D. Colo. 2015), on May 30, 2018; and Barnes v. Federal Bureau of Prisons, No. 18-cv-00245-MSK-STV (D. Colo. 2018), on June 6, 2018.
b. Undersigned counsel is also responsible for managing and handling the numerous daily litigation tasks in these and a number of other cases pending in the United States District Court for the District of Colorado.
DATED this 11th day of June, 2018. Respectfully submitted, ROBERT C. TROYER United States Attorney |
/s/ Susan Prose |
SUSAN PROSE Assistant United States Attorney 1801 California Street Suite 1600 Denver, Colorado 80202 (303) 454-0100 susan.prose@usdoj.gov Attorneys for Defendants-Appellees |
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