Tuesday, 12 June 2018

Rev Matt Hale(Civil Case)...Appellee's Motion for Extension of Time to File Response Brief



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
________________________________________

 

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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