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

Case 1:01-cr-00214-WYD

Document 3399

Filed 11/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-CV-01898-WYD Crim. No. 01-CR-00214-WYD UNITED STATES OF AMERICA, Plaintiff/Respondent, v. 19. SAMMY WOODS, Defendant/Movant,

UNITED STATES' MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S § 2255 MOTION

The United States seeks an extension of time, through and including December 15, 2006, to respond to defendant's post-conviction motion under 28 U.S.C. § 2255, and in support states: 1. On November 14, 2006, the U.S. Attorney's Office received a call from the court inquiring as to why the Office had failed to respond to the defendant's § 2255 motion (doc. 3388). The Office had no record of such a motion being filed and also had no record of the court's order directing the government to file a response (doc. 3391). The counsel of record is

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Case 1:01-cr-00214-WYD

Document 3399

Filed 11/15/2006

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the Assistant U.S. Attorney who handled the trial, Ms. Kathleen Tafoya. However for the preceding year Ms. Tafoya has been on detail to Washington, D.C. It appears the defendant did not serve his § 2255 motion on the Office, and it is unclear what if any electronic service of the court's order was made on the U.S. Attorney's Office. However, in a number of cases the Office has apparently failed to receive court orders when they were directed to attorneys no longer with the Office. The U.S. Attorney's Office is examining its procedures in an attempt to avoid this problem in the future. 2. The U.S. Attorney's Office regrets this oversight and apologizes to the court for the inconvenience. Undersigned government counsel, who handled the direct appeal brought by this defendant, received the court's order on November 14, 2006, and will draft an answer to the § 2255 motion. To allow counsel time to obtain and review the file, and to draft a response, the United States requests an extension of time through December 15, 2006. 3. The defendant is incarcerated and proceeding pro se. Thus the government cannot state the position of opposing counsel.

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Case 1:01-cr-00214-WYD

Document 3399

Filed 11/15/2006

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Therefore, for the reasons set forth above, the United States respectfully requests that this court grant an extension of time, through and including December 15, 2006, for the government to respond to defendant's motion under 28 U.S.C. § 2255. Respectfully Submitted, TROY A. EID United States Attorney s/ James C. Murphy By: James C. Murphy Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone:(303) 454-0100 Fax: (303) 454-0404 E-mail: [email protected] Counsel for Plaintiff United States of America

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Case 1:01-cr-00214-WYD

Document 3399

Filed 11/15/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 15, 2006, I electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: Jonathan Marshall Abramson [email protected], [email protected], [email protected], [email protected], Mitchell Baker [email protected],[email protected] Richard James Banta [email protected],[email protected] Clifford J. Barnard [email protected] Robert Seldis Berger [email protected] Kirkland Leonard Brush [email protected],[email protected] James S. Covino [email protected] J. Michael Dowling [email protected] Martha Horwitz Eskesen [email protected] Ronald Gainor [email protected]

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Case 1:01-cr-00214-WYD

Document 3399

Filed 11/15/2006

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Kerry Steven Hada [email protected],[email protected] Dennis W. Hartley [email protected] M. David Lindsey [email protected],[email protected] Robert T. McAllister [email protected],[email protected] Michael J. Norton [email protected],[email protected],[email protected] Lynn Anne Pierce [email protected] Edward A. Pluss [email protected],[email protected] Michael Gary Root [email protected] Mark Samuel Rubinstein [email protected] David Barry Savitz [email protected] John Henry Schlie [email protected] Boston Henry Stanton , Jr [email protected] John F. Sullivan , III [email protected]

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Case 1:01-cr-00214-WYD

Document 3399

Filed 11/15/2006

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Alaurice Marie Tafoya-Modi [email protected] Thomas Richard Ward [email protected] Stephen M. Wheeler [email protected] I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: Sammy Lee Woods [served by U.S. Mail] #30425-013 Memphis FCI Inmate Mail/Proceeds P.O. Box 34550 Memphis, TN 38134 Pro Se

TROY A. EID United States Attorney s/ James C. Murphy By: James C. Murphy Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone:(303) 454-0100 Fax: (303) 454-0404 E-mail: [email protected] Counsel for Plaintiff United States of America

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