Rev Matt Hale(Civil Case)... Unopposed Second Motion For Extension For The Tenth Circuit / ORDER

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

UNOPPOSED SECOND MOTION FOR EXTENSION FOR THE TENTH CIRCUIT 

Appellees move for an additional 30 days to file their response brief, which the Court has directed be filed on or before July 18, 2018. Appellees request a new filing date of August 17, 2018.


In support of this motion:

1. This is Appellees’ second 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 does not oppose the motion.


3. Undersigned counsel, who is responsible for writing the response brief, cannot finish the brief by July 18 with the exercise of due diligence: a. Appellant has raised eight issues for this Court’s review. Opening Brief at 19-21. It is necessary for the response brief to undergo several levels of review, including review by Department of Justice officials in Washington, D.C., before filing. It is not possible to complete those reviews by the current filing deadline.

b. Since the filing of the previous request for an extension, counsel has been responsible for preparing and filing continuing briefing on dispositive motions in Prison Legal News v. Federal Bureau of Prisons, No. 15-cv-02184-RM-STV (D. Colo. 2015), and Ajaj v. Federal Bureau of Prisons, No. 15-cv-00992-RBJ-KLM (D. Colo. 2015). Counsel was required to be out of the office for travel out-of-state in the Ajaj case. Counsel is also responsible for preparing for trial in the Ajaj matter, which is scheduled for August 27, 2018, as well as 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 July, 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

　


　
CERTIFICATE OF SERVICE


I certify that on July 11, 2018, I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Tenth Circuit, using the appellate CM/ECF system.

I further certify that I directed that personnel in the U.S. Attorney’s office send the foregoing by U.S. mail, postage prepaid, to:

Matthew Hale
Reg. No. 15177-424
ADX – Florence
P.O. Box 8500
Florence, CO 81226

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UNITED STATES COURT OF APPEALS



FILED

United States Court of Appeals Tenth Circuit
July 11, 2018
Elisabeth A. Shumaker
Clerk of Court
FOR THE TENTH CIRCUIT

_________________________________ REVEREND MATTHEW HALE, Plaintiff - Appellant, v. FEDERAL BUREAU OF PRISONS, et al., Defendants - Appellees.

No. 18-1141

 
                                                                    ORDER
 This matter is before the court on Appellees’ Unopposed Second Motion for Extension of Time to File Response Brief. At the direction of the court, the motion is granted. The brief shall be served and filed on or before August 17, 2018. The court will not grant additional extensions absent extraordinary circumstances.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk