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

Case 1:04-cv-00789-EWN-CBS

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Filed 02/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00789 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

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

Case 1:04-cv-00789-EWN-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00789 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 an extension of time up to and including March 2, 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 February 27, 2006. Undersigned counsel is working on this case along with the Applicant's other

application in Civil Action No. 04-cv-00790. 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. 5. The applicant has raised fifteen claims in his application. Because of the extensive procedural history and the number of claims raised,

this matter is taking longer than the usual habeas answer.

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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. Undersigned counsel is completing work on this Answer and the Answer in

the Applicant's companion case, and should be able to complete both of them by March 2, 2006. 8. Undersigned counsel has spoken by telephone with the Applicant, Mr. David

Turley, at the Limon Correctional Facility of the Colorado Department of Corrections. Mr. Turley stated he does not oppose a three day extension of time to file the Answer. For the above stated reasons, undersigned counsel respectfully requests an extension of time up to and including March 2, 2006, to file the Answer in this matter. 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
AG ALPHA: AG File: DA XX QBJV \\S_DOL_2\DATA\AP\APBILLRG\TURLEY.DAVID.MXT.04CV00789.DOC

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