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. SECOND MOTION FOR EXTENSION OF TIME TO FILE ANSWER

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

The Respondents request that this court grant a second extension of time up to and including March 6, 2006, to file 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 2, 2006. Undersigned counsel is 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. In addition, over the last thirty days, undersigned counsel has had to work on

three answer briefs for filing in the Colorado Court of Appeals that involve relatively extensive records. 7. Counsel has filed three briefs with the court of appeals within the last four

days and miscalculated the amount of time it would take to complete the preparation of the answer in this case. 7. Undersigned counsel is completing work on this Answer and the Answer in

the Applicant's companion case, has given the priority, and is devoting as much working time as possible to this matter. 8. 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 was informed by the case manager that Mr. Turley does not oppose a second extension of time up to March 6, 2006, to file the Answer. For the above stated reasons, undersigned counsel respectfully requests a second extension of time up to and including March 6, 2006, to file the Answer in this matter.

JOHN W. SUTHERS Attorney General 2

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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 2nd day of March, 2006, I electronically filed the above MOTION FOR EXTENSION OF TIME TO FILE ANSWER 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 2nd day of March 2006 addressed as follows:

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

/s/ Roger G. Billotte________________________

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