Free Motion to Extend Time - District Court of Arizona - Arizona

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IN THE UNITED STATESIDISTRICT
FOR THE DISTRICT OF ARIZdNA;"·—I`=“~"“——*—i;·— DEPUTY
UNITED STATES OF AMERICA, ) NO. CR 03—1096-PHX—SMM(/
- ) CV 05-2576-PHX—SMM (BPV)
Plaintiff, )
(
v. ) MOTION FOR EXTENSION OF
) TIM TO FILE NOTICE OF
) APPEAL
RAFAEL CRUZ—AYON, )
I
Defendant. )
.. T.T.....Â¥ _
COMES NOW, defendant Rafael Cruz—Ayon, and respectfully
moves the above—entitled Court for an extention of time to file
his Notice Of Appeal, pursuant to Rule 4(a){5) of the Federal
Rules of-Appellate Procedure (“FRAP"), the discussion herein-
below, and the record on file.
Defendant acknowledges receipt of the Court‘s final Order
( regarding his 28 U.S.C. § 2255 Motion ("§2255 Order"), wherein
I the Court denied defendant's first two claims, and granted an
evidentiary hearing on his third claim, presently scheduled for
hearing on January ll, 2007 at 9:00 a.m.
Inasmuch as the Court’s 52255 Order was filed on October
i 24, 2006, defendant has sixty (60) days from that date to file
R his Notice of Appeal and Request For Certificate Of Appealability,
which would then make them due to be filed on December 24, 2006.
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The timing quandary which defendant finds himself in is
due to the fact of the Court‘s scheduled evidentiary hearing A
` n on the defendant‘s third claim. In the interests of saving time
and the need for duplicating work, defendant respectfully re-
quests that the Court grant the instant motion in the following
manner.
l. That this motion be granted, extending the time to
file defendant's Notice of Appeal and/or the Request For Cer-
tificate of Appealability from December 24, 2006 up to and in-
cluding January 24, 2006;
2. That in the event that defendant will still be unable
to perfect his appeal, depending on what the Court rules follow-
ing the evidentiary hearing on January ll, 2007, and further ta-
king into consideration any delays which might be occasioned by
h the physical movement of defendant between the Court and his
present institution, the Court will provide defendant with the
opportunity to perfect his appeal in open Court on or about Jan-
uary ll, 2007, and a further opportunity to file a Request For
Certificate Of Appealability within a reasonable period of time
after he is returned to FCI Safford.
3. That newly appointed counsel for defendant shall be
made aware of the instant motion, and the Court's granting of
q C it, so that newly appointed counsel will be able to provide
i sufficient advice and counsel to defendant.
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4. That the Court provide any other and necessary safe-
guards in order to protect defendant's appeal rights, in light
of his lack of understanding of the English language.
Because of the nearness of the holiday season, it is com-
mon knowledge that travel in the Bureau of Prisons' system ty-
pically becomes bogged down. Once defendant begins to travel,
at this time of the year, in the BOP system, any delays expe-
rienced in meeting any filing deadlines, or any deadlines, will
be beyond defendant‘s control. Pursuant to all of the foregoing,
defendant respectfully requests that the instant motion be grant-
ed in his favor.
l DATED: October 28, 2006.
Safford, Arizona.
Respectfully submitted,

Rafael Cruz-Ayon, Pro Se
#81272-008; Cholla
FCI Safford
P.O. Box 9000
Safford, AZ 85548
JC/dsc
Case 2:O3—cr-O1096—SI\/II\/I Document 62 Filed 11/O3/2006 Page 3 of 4

CERTIFICATE OF SERVICE
The undersigned hereby certifies, under penalty of perjury,
pursuant to 28 U.S.C. § 1746, that he has served a true and ac-
curate copy of the attached Motion For Court-Appointed Attorney
For Evidentiary Hearing and the Motion For Extension Of Time To
File Notice Of Appeal, upon the following party:
M. Malaika Rahi—Loo - AUSA
Office of the U.S. Attorney
Two Renaissance Square
40 North Central, Ste. 1200
Phoenix, AZ 85004-4408
postage prepaid, by placing same in the Bureau of Prisons' mail-
ing system on the date set forth below.
DATED: Ajbycmbrc { 2006.
Safford, AZ 85548

Rafa l Cruz-Ayon, Pro Se
y #81272-008; Cholla
N Jc/mk
i
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