Free Ex Parte Motion - District Court of Arizona - Arizona

im siren _____ LODGED
1 JOD M_ Sands i,2_ RECEIVED __ COPY
Federal Public Defender Q
2 _ ' OCT 1 4 ZBQS
Ken Murrgi.y{)Oh1o Bar N0. 000% 19%%
3 Jefferson . orsgy gemiessee ar? _ K LUJS $$314rgT count
Assistant Federal u lic Defenders DISTRICT GFA 120*%
4 850 West Adams Street Suite `_,PE,F’UT`*’
Phoenix, Arizona 85007
5 ken [email protected]
Jefferson orsey@ d.org
6 §602g 382-2816 _ _
7 602 889-3960 (facsimile)
8 Counsel for Petitioner
9 IN THE UNITED STATES DISTRICT COURT
10 IN THE DISTRICT OF ARIZONA
ll Robert L. Jaramillo, No. CV-00-936-PHX-SMM
1 2 Petitioner,
13 MEMORANDUM IN SUPPORT OF
vs. PETITIONER’S EX PART E MOTION FOR
14 _ EXTENSION OF TIME WITHIN WHICH
Dora Schriro, et al., TO FILE NOTICE OF APPEAL
I 5 Respondents.
16
] 7 On August 20, 2003, the Ninth Circuit Court of Appeals remanded this case for
lg an evidentiary hearing. Jarczmillo v. Stewart, 340 F.3d 877 (9th Cir. 2003). After
IQ holding the evidentiary pursuant to the remand, this Court issued a Memorandum of
2Q Decision and Order denying Mr. Jaramillo’s Petition for Writ of Habeas Corpus.
27 [Doc. No. 189]. Mr. Jaramillo intends to file a Notice of Appeal pursuant to Rule 3
22 of the Federal Rules of Appellate Procedure ("FRAP") and to seek a Certificate of
23 Appealability pursuant to 28 U.S.C. § 2253 and FRAP Rule 22.
24 Mr. J aramillo has filed an exparte motion seeking leave for current counsel to
25 withdraw and seeking appointment of substitute counsel to represent him in all
26 further proceedings. It is requested that Mr. Jaramillo be granted an extension of
27 time, pursuant to FRAP Rule 4(a)(5)(A), to allow new counsel, if appointed, to
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1 review the case and to advise Mr. J aramillo regarding his appellate options. Mr.
2 Jaramillo asks that he be granted a thirty (30) day extension, making his Notice of
3 Appeal due on or before November 18, 2005. By doing so, Mr. Jazramillo and his
4 counsel will have adequate time to discuss the potential appellate issues and to
5 determine which issues to address in his Request for Certificate of Appealability
6 pursuant to 28 U.S.C. § 2253 and FRAP Rule 22.2
7 For the foregoing reasons, it is respectfully requested that, pursuant to FRAP
8 Rule 4(a)(5)(A), Mr. J aramillo be granted a thirty (30) day extension of time within
9 which to file his Notice of` Appeal. Mr. Jaramillo seeks leave to file his Notice of
10 Appeal no later than November 18, 2005.
11 Respectiinlly submitted this 14th day of October, 2005.
12 Jon Sands _
13 Eidlegalluliigblic Defender
14 Jefferson {Dorsey
is By Cm
ounse or et1t1oner
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26 2Current counsel for Mr. Jaramillo has not fully discussed the possible issues
27 £%£t?l’l{3?y?§§l»5‘r%il§£ il3°vl1?i%‘lE?} s%°5‘§ffi}Sli‘£1sh8%5§22l?°d “‘ *h° mmf °f the
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ase 2:00—cv—00936—SI\/II\/I Document 192-2 Filed 10/14/2005 Page 2 of 3

1 CERTIFICATE OF SERVICE
2 Iherebly certify that on October 14, 2005,1 served the attached document by mail on
3 the fol owing who are not reg1stered participants of the CM/ECF System:
Daniel Kaplan
4 Osborn Maledon
2929 North Central Avenue
5 Suite 2100 _
6 Phoenix, Arizona 85012-2794
Robert J aramillo, #3 9278 -
7 Ar1zona State PI`1SOH—EyIH3H—SMU II
P.O. Box 3400
8 Florence, Arizona 85232
9 B}/
gina o ya
10 Legal Secretary
1 1
12 CERTIFICATE OF NON-SERVICE
The foregoing was not served upon counsel for the respondents as it was tiled
13 ex parte.
14
By
15 egina M toya
Legal Secretary
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