Free Motion to Amend/Correct - District Court of Arizona - Arizona

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Case 2:O1—cr—OOO77-SRB Document 166-2 Filed O2/27/2006 Page1 of 3

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5 IN THE UNITED STATES DISTRICT COURT
E FOR THE DISTRICT OF ARIZONA
y 8 United States of America, Cv-04-00867-PHX_SRB (JCGV
9 Plaintiff, CR-Ol-0077-PHX-SRB
10 vs. ORDER
11 ildqslecgpgyglqpgghilm, Jose Guadalupe
12 Movant.
13 t
14 Pending before the Court are Movanfs Motion Requesting an Extension of Time to
15 Answer Govermnenfs Opposition L(Doc. No. 159) and Movant's Motion to Compel the
16 Government to Provide Defendant with a Copy of the Response to his Section 2255 Motion
17 (Doc. N0. 163).
18 On January 14, 2005, the United States tiled its Response to the Movant's Motion to
19 Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. In the Response, the
20 United States certified that it served the Response on Movant. N g gg
21 On February 4, 2005, Movant filed his Motion Requesting an Extensionlof Time. In
22 this Motion Movant requested a 30-day extension of time to respond to the governments
23 opposition to his Motion to Vacate, Set Aside or Correct Sentence. Movant asserted that an
24 extension was required because the Court had not yet decided two pending motions seeking
25 leave to proceed as defendant's next friend. According to Movant, the courts decision
26 regarding these motions would have a decisive effect upon defendants efforts for post-
27 conviction relief because the defendants ability to under English is minimal and he is not
28 learned in the law.
Case 2:O1—cr—OOO77-SRB Document 166-2 Filed O2/27/2006 Page 2 of 3

1 On April 4, 2005, Movant filed a Motion to Compel the Government to Provide
2 Defendant with a Copy of the Governrnenfs Response to his Section 2255 Motion. In this
3 Motion, the Movant represented that he filed his previous motion for an extension of time
4 to respond because he feared that the delay in the delivery of the response would not be
5 tolled and that he would not have sufficient time to prepare a proper response. Notably, this
6 basis is not included in the Movant's first request for an extension. Movant also averred that
7 · he had not received the governments response and further requested that the Court order that
I B B 8 the government provide Movant with a copy of the response. H u T I I I n if
9 As noted above, it appears from the record that the govermnenfs response served
10 upon the Movant. However, as the Movant avers that he did not receive a copy of the
1 1 Response, l I h
12 IT IS HEREBY ORDERED THAT: I
- 13 1. Movanfs Motion Requesting an Extension of Time to Answer Govemmenfs
p 14 Opposition (Doc. No. 159) and Movant's Motion to Compel the Government to Provide
15 Defendant with a Copy of the Response to his Section 2255 Motion (Doc. No. 163) are
16 GRANTED;
1'7· 2. Movant shall tile a Reply to Plaintiff USA's Response to Movant's § 2255
18 Motion (Doc. No. 158) no later than February 27, 2006;
19 3. The Clerk of the Court is directed to send Movant a copy of Plaintiff
20 _ USA's Response to_Movant's § 2255 Motion (Doc. N0. 158) and Plaintiff USA's Brief re:
21 Application of Fanfanmooker to Movant’s Sentence No. 163), I or
22 DATED this 3“’ day of February, 2006.
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3; U ' Stat;. agstrate Judge
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Case 2:01-cr-00077-SRB

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Case 2:01-cr-00077-SRB

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Case 2:01-cr-00077-SRB

Document 166-2

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