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

Case 1:00-cr-00482-EWN

Document 626

Filed 06/27/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-N-2067 Criminal Case No. 00-cr-00482-EWN-02 UNITED STATES OF AMERICA, Plaintiff-Respondent, v.

DALE CHALLONER, Defendant-Movant.

UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY TO THE GOVERNMENT'S SUPPLEMENTAL RESPONSE

COMES NOW DALE CHALLONER, Defendant-Movant in the above-styled action and hereinafter referred to as "Movant," by and through undersigned counsel, and moves this Court to enter an order permitting the undersigned counsel an additional forty (40) days, up to and including August 25, 2008, to file his Reply to the Government's Supplemental Response. In support of this motion, the Movant states as follows: 1. On June 5, 2008, a status hearing was held before this Court. At that time, the Court ordered that the Government would file a supplemental response to Movant's Writ of Habeas Corpus Petition, addressing Issue III of Movant's pro se filings. 2. On June 16, 2008, undersigned counsel obtained a copy of the relevant portions of the record from the United States Attorney's Office. The record consists of 960 pages of trial transcripts, a sentencing transcript of 45 pages, a pre-trial motion's hearing transcript of

Case 1:00-cr-00482-EWN

Document 626

Filed 06/27/2008

Page 2 of 3

426 pages, as well as other assorted motions including motions to withdraw, appellate decision and other assorted transcripts. 3. The Government filed its supplemental response on June 24, 2008. Pursuant to the Court's order, Movant is currently required to file his Reply to the Government's Supplemental Response on or before July 14, 2008. 4. In order to effectively represent the Movant, undersigned counsel will need to review the entire record, research the applicable issues, contact the Movant, and prepare a Reply to the Government's Supplemental Response Motion. 5. In addition, counsel will be out of the country from August 6 through August 17, 2008 on a pre-paid family vacation. 6. Undersigned counsel has contacted Mr. Conner, counsel for the Plaintiff-Respondent, who indicated that he has no objection to this motion. 7. This Motion is made in good faith, and not for the purpose of delay. No prejudice could inure to any party as a result of the granting of this motion.

WHEREFORE, the Movant respectfully requests that this Honorable Court grant his Motion to permit the undersigned counsel an additional forty (40) days, up to and including August 25, 2008, to file a Reply to the Government's Supplemental Response.

DATED this 27th day of June, 2008.

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Case 1:00-cr-00482-EWN

Document 626

Filed 06/27/2008

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Respectfully submitted,

s/Robert G. Levitt____ Robert G. Levitt, Esq. Counsel for Movant CJA Appointed Counsel 600 17th Street Suite 2800 South Denver, Colorado 80202 (303) 377-9000 Email: [email protected]

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 27 , 2008, I electronically filed a true and correct copy of the foregoing UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY TO THE GOVERNMENT'S SUPPLEMENTAL RESPONSE with the Clerk of the Court using the CM/ECF system which will send notification for such filing to the following e-mail address:
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[email protected]

s/ Robert G. Levitt___ Robert G. Levitt, Esq.

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