Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:01-cr-00359-WYD

Document 390

Filed 11/15/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-02174-WYD Criminal Action No. 01-cr-00359-WYD-2 UNITED STATES OF AMERICA, Plaintiff-Respondent, v. BRAULIO MEDINA-GARCIA, Defendant-Movant. __________________________________________________________________ MOTION FOR EXTENSION OF TIME __________________________________________________________________ The Respondent, by and through undersigned counsel, moves the Court for an Order, extending seven days, to and including Tuesday, November 27, 2007, the time within which to file an Answer to the Motion. As good cause, the Respondent states as follows: 1. The Court issued the Order to respond on October 31, 2007, and the Answer is currently due November 20, 2007. 2. To adequately address all of the claims, including providing a sufficient factual context to assist the Court in rendering a decision, counsel needs to receive assistance from Defendant's trial counsel in order to provide a statement. Counsel
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Case 1:01-cr-00359-WYD

Document 390

Filed 11/15/2007

Page 2 of 3

has been advised that it will take approximately a week for that information to be provided. An extension of seven days will allow counsel to review the information and to file a response that will both address the Movant's claims and be helpful to the Court. 3. Since the Movant is pro se, counsel has not asked his position on this extension request. However, counsel hereby certifies that this request for extension is not made for delay, to gain an unfair advantage, or for any other improper purpose. No previous extensions have been requested by the Respondent. WHEREFORE, the Respondent respectfully requests that the deadline for filing an Answer be continued seven days, up to and including Tuesday, November 27, 2007. Dated this 15th day of November, 2007. Respectfully submitted, Troy A. Eid United States Attorney

s/ Paul Farley________________ Paul Farley Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 303.454.0100

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Case 1:01-cr-00359-WYD

Document 390

Filed 11/15/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that on this on this 15th day of November, 2007, the foregoing MOTION FOR EXTENSION OF TIME was electronically filed with the Clerk of the Court using the ECF system. I further certify that on this 15th day of November, 2007, a true and correct copy
of the foregoing MOTION FOR EXTENSION OF TIME was placed in the U.S. Mail, postage prepaid, to: Braulio Medina-Garcia, Reg. No. 30545-013 Dalby Correctional Institution 805 North Avenue F Post, Texas 79356

s/Dorothy Burwell Dorothy Burwell United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone 303-454-0100 Fax: 303-454-0400 E-mail: [email protected]

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