Opinion
Criminal Case No. 09-cr-00067-CMA
04-11-2013
UNITED STATES OF AMERICA, Plaintiff, v. DAVID GWIN, Defendant.
Judge Christine M. Arguello
ORDER REGARDING DEFENDANT'S JUDICIAL NOTICES
This matter is before the Court on Defendant's Judicial Notice of Government's Violation of Fed.R.Civ.P. 5(a) (Doc. # 160) and Judicial Notice and Objection to the Government's Motion to Enlarge Page Limitation for Response to 2255 Motion (Doc. # 161). Upon review, the Court interprets these "notices" as motions and FINDS as follows:
In its Response to Document Numbers 160-162 (Doc. # 163), filed March 26, 2013, the government confirmed that it had indeed sent notice to Defendant Gwin.
In response to Doc. # 160: The government's Motion for a 15-Day Extension of Time to File Response to Habeas Petition (Doc. # 149), dated February 19, 2013, contains a "Certificate of Service" indicating service by mail to "David D. Gwin #36134-013; Englewood FCI; 9595 West Quincy Avenue; Littleton, Colorado 80123." The Court notes that every motion filed by the government in this matter contains a similar "Certificate of Service." Therefore, Doc. # 160, which the Court deems a motion for the Court to order the government to show proof of service for its motion for enlargement of time, is DENIED.
In response to Doc. # 161:
On February 15, 2013, the government filed an Entry of Appearance and Request for Notices (Doc. # 148) as to Laurie Dean, Special Assistant United States Attorney. This document includes a Certificate of Service indicating service by mail to "David D. Gwin #36134-013," at the address of Englewood FCI. Therefore, Doc. # 161, which the Court deems a motion for the Court "to strike all motion's [sic], answers or briefs filed by Laurie K. Dean on grounds the Government did not file an appearance of counsel form with the court," is DENIED.
BY THE COURT:
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CHRISTINE M. ARGUELLO
United States District Judge