Free Motion to Extend Time - District Court of Arizona - Arizona

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Ulises A. Ferragut, Jr. #018773 FERRAGUT & ASSOCIATES, P.C. One Renaissance Square 2 North Central Avenue, Suite 715 Phoenix, Arizona 85004 Tel. (602) 324-5300 Fax. (602) 258-4588 E-Mail: [email protected] Counsel for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America ) ) ) ) ) ) ) ) ) No. CR 02­1179­PHX­PGR No. CV­04­2209­PHX­PGR (MEA) MOVANT'S SECOND MOTION FOR EXTENSION OF TIME FOR FILING AMENDED OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATION

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COMES NOW Movant Carlos A. Moreno, Jr., through undersigned counsel, and hereby moves the Court for a second extension of time for submitting his Amended Objections to Magistrate's Report and Recommendation, which currently is due on June 9, 2007, pursuant to prior Order of this Court. The previous extension was for the purpose of obtaining all of the records unsealed by Order of this Court for purposes of permitting review of specific documents, including a transcript which had not been previously produced. Following the receipt of the essential transcript and other materials, and following undersigned counsel's review of that transcript in light of the (limited) case materials now available, undersigned counsel determined that there were serious discrepancies between the information provided by the defendant and the

Case 2:02-cr-01179-PGR

Document 140

Filed 06/08/2007

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information reflected in the partial materials in undersigned counsel's possess -- and that resolution of these discrepancies was essential to completion of the amended Objections to the Magistrate's Report and Recommendation. Movant / defendant Carlos Moreno currently is in the custody of the Federal Bureau of Prisons, and contact with Movant by legal call is far more difficult and problematic than for clients within the state prison system, because the restrictions imposed upon such contact by legal call impose severe hindrances and slow down completion of such calls by an extraordinary amount (undersigned counsel is required to write to the Movant, who then must follow prison regulations regarding requests for legal calls with undersigned counsel, and who then must hope that the arrangements on the day of the call will be sufficient to provide genuine confidentiality for the content of the call). Such confidentiality is a matter not merely of right, but in this case also is a matter of personal safety for the Movant. This issue of confidentiality and personal safety was one of the

acknowledged reasons for the original sealing of the entire Court file in the first place. In addition to the cumbersome arrangements necessary for legal calls with the Movant and the problematic nature of confidentiality for those calls, undersigned counsel also has just finished the first phase of a first degree murder trial in State of Arizona v. Loren Luther Wade, before the Honorable Arthur Anderson, Maricopa County Superior Court, and the aggravation phase of the trial is pending. Accordingly, based upon the factual issues which must be resolved prior to filing the Amended Objections, the necessity for additional contact with the -2Case 2:02-cr-01179-PGR Document 140 Filed 06/08/2007 Page 2 of 3

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Movant / defendant, and the likelihood that such contact will not be completed without additional delay beyond the control of undersigned counsel, Movant / defendant respectfully requests the Court grant a second extension of time for the filing of the Amended Objections. The extension requested is for a second period of sixty (60) days from the current due date of June 9, 2007, to August 9, 2007, in which to submit the defendant's Amended Objections to the Report and Recommendation. RESPECTFULLY SUBMITTED this 9 th day of June, 2007. F ERRAGUT & ASSOCIATES, P.C. /s/ Ulises A. Ferragut, Jr. Ulises A. Ferragut, Jr. One Renaissance Square 2 North Central Avenue, Suite 715 Phoenix, Arizona 85004 Attorney for Defendant ORIGINAL of the foregoing electronically filed this 9 th day of June, 2007. COPIES of the foregoing mailed or electronically sent this 9 th day of June, 2007, as noted below: Honorable Paul G. Rosenblatt United States District Court District of Arizona 401 West W ashington Phoenix, Arizona 85003 David A. Pimsner Assistant U.S. Attorney U.S. Attorney's Office 40 North Central Avenue, Suite 1200 Phoenix, AZ. 85004 Attorney for United States of America /s/ Ulises A. Ferragut, Jr. -3Case 2:02-cr-01179-PGR Document 140 Filed 06/08/2007 Page 3 of 3