Free Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:03-cv-00946-RNC

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Filed 07/13/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : : : PRISONER CASE NO. 3:03CV946(RNC)(DFM)

LARRY NELSON, Petitioner V. WARDEN DAVID STRANGE, Respondent

JULY 12, 2004

MOTION FOR ENLARGEMENT OF TIME NUNC PRO TUNC WITHIN WHICH TO COMPLY WITH THE COURT'S SCHEDULING ORDER Pursuant to Rule 9(b) of the Local Rules Of Civil Procedure For The District Of Connecticut, the respondent hereby moves for an enlargement of time, nunc pro tunc, to July 16, 2004,1 to file a response to the Court's order directing the defendant to respond to the petitioner's amended petition by June 28, 2004. This is the respondent's first motion for an enlargement of time. At this time, the petitioner is appearing pro se in this matter and, therefore, counsel for the respondent is unable to ascertain whether he objects to the granting of this motion. The petitioner is incarcerated. The grounds for this motion are: 1. On June 17, 2004, I completed and mailed an objection to the petitioner's

"Motion For Release Pending Final Disposition Of Habeas Corpus" in the matter of Michael A. Young v. Warden David Strange, Case No. 3:03CV1661(CFD)(TPS), U.S. District Court, District of Connecticut.

The respondent's response to Court's order is being mailed today. While it probably will reach the Court by July 14, 2004, the respondent requests an enlargement of time to July 16, 2004 because there could be delays in the postal system.

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Case 3:03-cv-00946-RNC

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2.

On June 23, 2004, I finished preparing and mailed a motion to transfer a

second or successive petition to the U.S. Court of Appeals for the Second Circuit in the matter of Stanley Chance v. State of Connecticut, et al., Case No. 3:04CV155(MRK), U.S. District Court, District of Connecticut. 3. On July 2, 2004, I mailed a response to the petitioner's motion for DNA

testing in Thomas Marra v. Remi Acosta, Case No. 3:01CV368(AWT)(DFM), U.S. District Court, District of Connecticut. 4. On July 9, 2004, I filed a motion to dismiss and an accompanying

memorandum of law in response to the Court's order to show case in the matter of Eddie Bud Player v. Warden, Case No. 3:03CV296(JCH)(HBF), U.S. District Court, District of Connecticut. 5. Today, I have completed and am mailing the respondent's response to the

Court's order to show cause in the matter of Frank Vandever v. Warden, MCI, Case No. 3:04CV275(WWE)(HBF), U.S. District Court, District of Connecticut. 6. Finally, I also am in the process of preparing a response to a show cause

order in the matter of Errol I. Dunkley v. Theresa Lantz, Commissioner of Correction, Case No. 3:03CV1913(WWE)(HBF), U.S. District Court, District of Connecticut 7. Due to these and other considerations, the respondent hereby moves this

court for a enlargement of time to July 16, 2004, to file its response in the above-captioned matter.

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Case 3:03-cv-00946-RNC

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Respectfully submitted, RESPONDENT-WARDEN DAVID STRANGE

By: JO ANNE SULIK Assistant State's Attorney Civil Litigation Bureau Office of the Chief State's Attorney 300 Corporate Place Rocky Hill, Connecticut 06067 (860) 258-5887 (860) 258-5968 (facsimile) E-mail: [email protected] Fed. Bar. No. ct 15122

CERTIFICATION I hereby certify that a copy of this motion was mailed to Larry Nelson, Inmate # 77725, Carl Robinson Correctional Institution, 285 Shaker Road, P.O. Box 1400, Enfield, Connecticut 06083-1400, on July 12, 2004.

JO ANNE SULIK Assistant State's Attorney

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