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

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` Case 3:02-cv-02318-MRK Document 11 Filed 12/19/2003 Page 1 of 3 N
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, UNITED STATES DISTRICT counr {TT? I I Iii: I 1 ,
i DISTRICT OF CONNECTICUT ` L ‘ "
; Pnrsoiiikiniiiff IS FD I2= 53 I
MICHAEL MOURNING, : CASE NO. 3:02CV2318(CFD)(WlG) I
Petitioner : i·:—iS?_,§}§f I i _ _ -
V. :
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WARDEN ZYRENDA, : DECEMBER 18, 2003
Respondent : I
MOTION FORENLARGEMENT 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 a one-month enlargement of time, nunc pro
tunc, to January 8, 2004, to file a response l‘showing cause why the relief. prayed for in the
amended petition. should not belgranted and addressing the merits of the petitioner’s
That- response was ordered to be tiled on December 8, 2003. This is the I
respondents first motion for an enlargement of time. At this time, the petitioner is
appearing QQ 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: I
1. On October 5, 2003, the undersigned counsel underwent emergency surgery. I
This resulted in a six-week period of recuperation and counsel returned to work on E
November 17, 2003. As of October 5, the undersigned was the only attorney
assigned toihandle federal habeas corpus matters within the State of Connecticut’s
Division of Criminal dustice. This was so because Senior Assistant State’s Attorney
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N - . Case 3:02—cv-0231Q8jVIRK Document 11 Filed 12/1962003 Page 2 of 3
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Carolyn Longstreth retired on May 30, 2003 and Supervisory Assistant State's Attorney
N Michael O’Hare, a military resenrist, had been called to active duty. He presently is
stationed overseas for the foreseeable future. During the undersigned’s absence, other N
attorneys were designated to temporarily handle some federal habeas corpus petitions.
2. Since November 17, 2003, the undersigned counsel has attempted to
address numerous matters that accumulated during her absence. On December 3, 2003,
the undersigned filed a response to the Court’s order to show cause in the habeas corpus N
matter of Andree Marguee Pierce v. Warden Giovanni Gomez, Case No.
3102CV838(JCH)(HBF), U.S. District Court, District of Connecticut. On December 12, N
2003, I represented the respondent in a state habeas corpus trial in the matter of
McMahon v. John J. Armstrong, Docket No. CV02-3826-S, Superior Court ln the judicial
district of Tolland. On December 16, 2003, I filed a reply brief ln the Connecticut Appellate I
Court in the matter of William Cox v. Warden, A.C. 24410. Today, I tiled another reply brief
in the matter of Keith Hunter v. Commissioner of Correction, A.C. 24461.
3. Due to these and other considerations, the respondent hereby moves this
court for a one-month enlargement of time, nunc pro tunc, to January 8, 2004, to file its
response in the above-captioned matter.
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N Respectfully submitted,
i RESPONDENT-WARDEN ZYRENDA
, B)/i l
“ JO AN SULIK g
l Assistant State’s Attorney i
I 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 December 18, 2003.
JO ANNE é§LIK l
Assistant State’s Attorney {
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