Free Motion for Leave to File - District Court of Connecticut - Connecticut

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· Case 3:03-cv-00655-PCD Document 36 Filed O9/16/2004 Page 1 of
UNITED STATES DISTRICT COURT I I jj j
DISTRICT OF CONNECTICUT . . _ , , M lv l 5
UA-J.; ll my 1 ,; ·.,.» .·.· j
DAVID L. JOYCE #92272 : CASE NO: 3:03;-CVTQSS (PCI)
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Petitioner, :
-·against— : _
THERESA C. LANTZ, COMMISSIONER : p
OF CONNECTICUT DEPARTMENT OF p
CORRECTION, AND HECTOR RODRIGUEZ, 1 j
WAARDEN CI-IESHIRE CORRECTIONAL
INSTITUTION ; l
Respondents. : SEPTEMBER I6, 2004 j
MOTION FOR LEAVE TO FILE REPLY
TO RE§PONl)ENT’S ANSWER BY OCTOBER 28, 2004
Pursuant to Rule 5(e) of the Rules for Proceedings Under 28 U.S.C. § 2254, as A
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amended, the Petitioner hereby moves for leave to tile a reply tothe Respondenfs j
Answer and Memorandum in Opposition to the Petition for Writ of Habeas dated
September 9, 2004. Petitioner requests 45 days up to and including October 28, 2004 N
within which to tile his responsive papers. Counsel for the respondent has been 2
contacted and DOES NOT OBJECT to this motion. i
In this regard, undersigned counsel will be on trial in a complex wrongii.11 N
death/medical malpractice case, Newman v. Whelan #CV-O2-0346680-s, commencing
on September 27, 2004 in the judicial district of Danbury. Counsel is also preparing fo j
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p trial on October 26, 2004 in the judicial district of Stamford in the matter of Siciliano v.
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Arotsk , #CV-02-0189958-s, a motor vehicle case alleging serious injuries and brain j
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ORAL ARGUMENT NOT REQUESTED
TESTIMONY NOT REQUIRED
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` Case 3:03-cv-00655-PCD Document 36 Filed O9/16/2004 Page 2 of
damage, which is expected to commence shortly after or contemporaneously with the
conclusion of the Newman v. Whelan case.
Accordingly, additional time is required in order for counsel to prepare proper
responsive papers.
Respectfully submitted,
THE PETITIONER
DAVID L. JOYCE
Richard L. Grant
36 Tamarack Ave. PMB #213 i
Danbury, CT 06811 E
Tel. (203)778—8075 y
Fax (203) 778-8075 l
Federal Court #CT20708 l
ORDER l
The foregoing MOTION, having been considered by the Court, is hereby
ORDERED: GRANTED/DENIED.
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BY THE COURT ( , J.) §
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~ Case 3:03-cv-00655-PCD Document 36 Filed O9/16/2004 Page 3 of
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing motion was sent via regular first
class mail to all counsel and pro se parties of record on today’s date as follows:
Jo Anne Sulik
Appellate Bureau
Chief State’s Attorneys Office
300 Corporate Place
Rocky Hill, CT 06067 A
Tel. 860-258-5800
Attorney for the Respondents
David L. Joyce #92272
Northern C.I.
IE-1 1 1
P.O. Box 665
Somers, CT 06067
ichard L. Grant
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