Free Motion for Extension of Time to File Answer - District Court of Colorado - Colorado

Case 1:04-cv-00790-EWN-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00790-EWN-CBS DAVID TURLEY, Applicant, v. AL ESTEP, Warden, Limon Correctional Facility, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. MOTION FOR EXTENSION OF TIME TO FILE ANSWER ON MARCH 7, 2007

JOHN W. SUTHERS Attorney General ROGER G. BILLOTTE* Assistant Attorney General Appellate Division Criminal Justice Section Attorneys for Respondents 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5785 *Counsel of Record

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00790-EWN-CBS

DAVID TURLEY, Applicant, v. AL ESTEP, Warden, Limon Correctional Facility, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. MOTION FOR EXTENSION OF TIME TO FILE ANSWER ON MARCH 7, 2006

The Respondents request that this court issue an order allowing for the filing on March 7, 2006 of the Answer to the Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. As grounds, undersigned counsel states the following. 1. 2. The Answer is due on or before March 6, 2006. Undersigned counsel has been working on this case along with the

Applicant's other application in Civil Action No. 04-cv-00789. 3. These cases stem from state convictions involving three separate sexual

assault/kidnapping cases. There has been a direct appeal in each of the cases and three appeals from state postconviction motions under Colorado Crim. P. 35(c). 4. The applicant has raised fifteen claims in his application.

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5.

Because of the extensive procedural history and the number of claims

raised, this matter is taking longer than the usual habeas answer. 6. The Answers were originally due on February 27, 2006, and counsel has

received two extension of time from this court. 7. 8. On March 6, 2006, counsel filed the Answer in 04-cv-00789. Counsel has almost completed the work on the Answer in 04-cv-00790, and

barring any unforeseen emergency, will be able to file it with this court on March 7, 2006. 9. Undersigned counsel has communicated with the Applicant Mr. David

Turley through his case manager at the Limon Correctional Facility of the Colorado Department of Corrections. Undersigned counsel has informed the case manager of the request to file this Answer on March 7, 2006, and as of filing of this motion, counsel has not received any communication that Mr. Turley opposes this request. For the above stated reasons, undersigned counsel respectfully requests that this court issue an order allowing the filing on March 7, 2006, of the Answer in this matter.

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JOHN W. SUTHERS Attorney General

s/ Roger G. Billotte ROGER G. BILLOTTE* Assistant Attorney General Criminal Appeals Attorneys for Respondents 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5785 *Counsel of Record

CERTIFICATE OF SERVICE I hereby certify that on this 6nd day of March, 2006, I electronically filed the above Motion For Extension of Time to File Answer on March 7, 2006 with the Clerk of Court using the CM/ECF system, and I hereby certify that I have mailed the Motion for Extension of Time to File Answer by placing the same in the United States mail, first-class postage prepaid, at Denver, Colorado, this 6nd day of March 2006 addressed as follows:

David Turley Prisoner No. 45921 Limon Correctional Facility
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49030 State Hwy. 71 Limon, CO. 80826

/s/ Roger G. Billotte________________________

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