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

Case 3:00-cr-00044-JCH

Document 599

Filed 11/17/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA

: : v. : : : TODD DAVENDER, : ____________________________________:

Criminal No. 3:00CR44(JCH) Civil No.: 3:04CV1667(JCH)

GOVERNMENT'S MOTION FOR EXTENSION OF TIME FOR THE FILING OF ITS RESPONSE TO THE DEFENDANT'S MOTION TO VACATE

The Government respectfully requests an extension of time for the filing of its response to the defendant's Motion to Vacate. On October 1, 2004, the defendant, pursuant to Title 28 U.S.C., § 2255, filed a Motion to Vacate his convictions. On October 14, 2004 the Court ordered the Government to file its response on or before November 17, 2004. In order to appropriately and thoroughly respond to the defendant's submission, a review of the trial transcript, sentencing hearing and related filings is necessary. The Government is presently reviewing the record and preparing its response. On November 2, 2004 the defendant filed an "amendment" to his Motion to Vacate, setting forth an additional claim in support of his original motion. Moreover, on November 12, 2004, the Government received defendant's Motion for Appointment of Counsel, seeking an attorney to assist him in pursuing his Motion to Vacate.

Case 3:00-cr-00044-JCH

Document 599

Filed 11/17/2004

Page 2 of 3

As the defendant continues to supplement his original filing and apparently is preparing or contemplating further filings, the Government respectfully requests that the Court allow the Government an additional 45 days to file its response in opposition to defendant's Motion to Vacate. Furthermore, the defendant previously filed a "Petition for Panel Rehearing and/or Suggestion for Rehearing En Banc" with the Second Circuit Court of Appeals. As this "Petition" is presently pending, no further action in regard to defendant's 2255 petition should be taken at this time. See, United States ex rel Calabro v. United States Marshal, 466 F.2d 1350, 1351 (2d Cir. 1972) (per curiam).

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY JAMES FILAN ASSISTANT UNITED STATES ATTORNEY FOR:

PETER D. MARKLE ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct05098 157 Church Street New Haven, Connecticut 06510 (203) 821-3700 [email protected]

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Case 3:00-cr-00044-JCH

Document 599

Filed 11/17/2004

Page 3 of 3

CERTIFICATION

This is to certify that a copy of the within and forgoing Government's Motion for Extension of Time for the Filing of its Response to the Defendant's Motion to Vacate sent by first class mail on November 17, 2004 to the following: Todd Davender Register No. 13960-014 U.S. Penitentiary P.O. Box 7000 Florence, CO 81226 ______________________________________ JAMES FILAN ASSISTANT UNITED STATES ATTORNEY FOR: PETER D. MARKLE ASSISTANT U.S. ATTORNEY

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