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

Case 3:02-cv-02318-MRK

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Filed 02/11/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : : : PRISONER CASE NO. 3:02CV2318(MRK)(WIG)

MICHAEL MOURNING, Petitioner V. WARDEN ZYRENDA, Respondent

FEBRUARY 11, 2004

MOTION FOR ENLARGEMENT OF TIME NUNC PRO TUNC WITHIN WHICH TO COMPLY WITH THE COURT'S SCHEDULING ORDER Pursuant to Rule 9(b) of the Local Rules Of Civil Procedure For The District Of Connecticut, the respondent hereby moves for an enlargement of time, nunc pro tunc, to February 11, 2004, to file a response "showing cause why the relief prayed for in the amended petition should not be granted and addressing the merits of the petitioner's claims." Initially, that response was ordered to be filed on December 8, 2003. This is the respondent's second motion for an enlargement of time. At this time, the petitioner is appearing pro se in this matter and, therefore, counsel for the respondent is unable to ascertain whether he objects to the granting of this motion. The grounds for this motion are: 1. Today, I am filing the respondent's response to a show cause order in the

matter of Michael A. Young v. Warden David Strange, Case No. 3:03CV1661(CFD)(TPS), U.S. District Court, District of Connecticut. 2. On or about January 27, 2004, I filed a motion to dismiss and supporting

memorandum of law in the habeas corpus matter of Levern Grant v. Commissioner Armstrong, Case No. 3:03CV573(PCD)(JGM), U.S. District Court, District of Connecticut.

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3.

I represented the respondent in the state habeas trial in Daniel Hayes v.

Commissioner of Correction, Docket No. CV00-0441977, Superior Court in the judicial district of New Haven on January 14, 2004. I prepared for a state habeas trial in the matter of Martin Dickinson v. Garrell Mullaney, et al, Docket No. CV01-0096308, Superior Court in the judicial district of Middlesex which was scheduled to commence on January 28, 2004, but was continued due to a forecast of extreme winter weather. 4. In January 2004, I prepared and filed two motions on the respondent's behalf

in the state habeas corpus matter of Lennard Toccaline v. Commissioner of Correction, Docket No. CV02-0814816-S, Superior Court in the judicial district of Hartford on January 12, 2004. I represented the respondent at a hearing on those motions that was held on January 20, 2004. Yesterday, I filed an opposition to the petitioner's motion for review of the court's order of January 20, 2004 in the Connecticut Appellate Court in the Toccaline habeas corpus matter. 5. Due to these and other considerations, the respondent hereby moves this

court for an enlargement of time, nunc pro tunc, to February 11, 2004, to file its response in the above-captioned matter.

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Respectfully submitted, RESPONDENT-WARDEN ZYRENDA

By: JO ANNE SULIK Assistant State's Attorney Civil Litigation Bureau Office of the Chief State's Attorney 300 Corporate Place Rocky Hill, Connecticut 06067 (860) 258-5887 (860) 258-5968 (facsimile) Fed. Bar. No. ct 15122

CERTIFICATION I hereby certify that a copy of this document was mailed to Michael Mourning, 54 Crown Street, 2nd Floor, Waterbury, Connecticut 06704, on February 11, 2004.

JO ANNE SULIK Assistant State's Attorney

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