Defendants' Motion for Enlargement of Time

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


     William Thomas, et. al.       |          C.A. No. 94-2742
           Plaintiffs pro se,      |          Judge Charles R. Richey
                                   |
               v.                  |
                                   |
     The United States, et. al.    |
           Defendants.             |

DEFENDANTS' MOTION FOR AN ENLARGEMENT OF TIME,
NUNC PRO TUNC,
IN WHICH TO FILE REPLY

Defendants' Respectfully move, pursuant to Fed. R. Civ. P. 6(b) for an enlargement of time, nunc pro tunc, in which to file their reply memorandum. As grounds therefor, defendants state that councel for defendant prepared defendants' reply for filing on June 22, 1995 pursuant to the Order of the Court, served plaintiff by mail on that date, and indeed personally delivered the reply to the Courthouse that evening.[1] However, for reasons which counsel cannot explain, the reply was not logged into the docket of this action. Therefore, defendants respectfully request that they be permitted to file their reply on this date. An order consistent with this relief accompanies this motion.

Respectfully submitted,

_____________________________
ERIC H.HOLDER, JR., D.C. BAR #303115
United States Attorney

_____________________________
KIMBERLY N. TARVER D.C. BAR #422869
Assistant United States Attorney


1[ Defendants attach to this motion as Exhibit 1 a copy of the reply which was delivered tothe Courthouse and served on plaintiffs on June 22, 1995]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on this 13th day of June, 1995, service ofthe foregoing DEFENDANTS' MOTION FOR AN ENLARGMENT OF TIME, NUNC PRO TUNC, IN WHICH TO FILE REPLY has been made by sending a copy thereof by United States Mail, postage prepaid to:

William Thomas
Apartment B
2817 11th Street, N.W.
Washington, D.C. 20001

KIMBERLY N. TARVER
Assistant United States Attorney
Judiciary Center Building
555 4th Street, N.W., Room 10-106
Washington, D.C. 20001
(202) 514-7141