Free Motion for Extension of Time - District Court of Connecticut - Connecticut

I Case 3:03-cv-005%3-—PCD Document 7 Filed 12/23/2003 Paget of 3
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' UNITED STATES DISTRICT COURT 1 ·I * _.
I DISTRICT OF CONNECTICUT 6 ‘ · at ` ·
I 2 PRISONEEIE l°Y` PTI _j;, Sb
I LEVERN GRANT, : CASE NO. 3:03CV573,(PCD)(.JGM) I '
I Petitioner : · Q » . -
I v. Q ‘
I COMMISSIONER ARMSTRONG, DECEMBER 22, 2003
I Respondent :
I MOTION-FOR ENLARGE MENT OF TIME
l WITHIN WHICH TO COMPLY WITH
I THE COURT'S SCHEDULING ORDER
I Pursuant to Rule 9(b) of the Local Rules Of Civil Procedure For The District Of
Connecticut, the respondent hereby moves for a one-month enlargement of time to
January 23, 2004, to file a response to the C0urt’s amended order to show cause on or
before December 23, 2003. This is the respondent’s first motion for an enlargement of I
time. Ai: this time, the petitioner is appearing mg se in this matter and, therefore, counsel
for the respondent is unable to ascertain whether he objects to the granting of this motion.
T`he grounds for this motion are:
1. In an amended order to show cause [Doc. # 5], the Court ordered the
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petitioner to serve a copy of his petition, together with a copy ofthe show cause order, on I
the respondent on or before November 25, 2003. Those documents were not received by I
the Office ofthe Chief State’s Attorney until December 19, 2003.
2. On October 5, 2003, the undersigned counsel undenrvent emergency surgery.
This resulted in a six-week period of recuperation and counsel returned to work on
November 17, 2003. As of October 5, 2003, the undersigned was the only attorney
assigned to handle federal habeas corpus matters within the State of Connecticut’s
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_ I Case 3:03-cv-OO5<3§’CD Document 7 Filed 12/23f2303 Page 2 of 3
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Division of Criminal Justice. This was so because Senior Assistant State’s Attorney
€ Carolyn Longstreth retired on May 30, 2003 and Supeniisory Assistant State’s Attorney
l Michael O’Hare, a military reservist, had been called to active duty. He presently is
i stationed overseas for the foreseeable future. During the undersigned’s absence, other
attorneys were designated to temporarily handle some federal habeas corpus petitions.
W Ea. Since November 17, 2003, the undersigned counsel has attempted to I
I address. numerous matters that accumulated during her absence. On December 3, 2003, J
N the undersigned filed a response to the Court's order to show cause in the habeas corpus J
matter of Andree Marquee Pierce v. Warden Giovanni Gomez, Case No. y
3:02CV838(JCH)(HBF), U.S. District Court, District of Connecticut. On December 12,
2003, I represented the respondent in a state habeas corpus trial in the matter of_E@n l
n v. John J. Armstrong, Docket No. CV02-3826-S, Superior Court in thejudicial l
district of Tolland. On December 16, 2003, I tiled a reply brief in the Connecticut Appellate I
Court in the matter of William Cox v. Warden, A.C. 24410. On December 18, 2003, I filed
another reply brief in the matter of Keith Hunter v. Commissioner of Correction, A.C. Q
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24461. {
4. Due to these and other considerations, the respondent hereby moves this
court for a one-month enlargement of time to January 23, 2004, to file its response in the
above-captioned matter. {
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l Case 3:03-cv-005732FCD Document 7 Filed 12/23/2303 Page 3 of 3
Respectfully submitted,
l · RESPONDENT—COI\AI\/IISSIONER
F Aaivisfaome
l Byi
I JO A E SULIK i
Assistant State’s Attorney
l Civil Litigation Bureau
j Office of the Chief State’s Attorney
l 300 Corporate Place
I Rocky Hill, Connecticut 06067
= (860) 258-5887
l (860) 258-5968 (facsimile)
Fed. Bar. No. ct 15122 il
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CERTIFICATION ’
I hereby certify that a copy of this motion was mailed to LeVern Grant, Inmate }
No. 246675, Greensville Correctional Center, 901 Corrections Way, Jarrat, Virginia 23870,
on December 22, 2003. I i
2 é E Q l
JO ANNE ULIK
Assistant State’s Attorney
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