Free Order on Motion for Extension of Time - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Jose Luis Lopez, aka, Jose Guadalupe Lopez-Ayon, et al, Movant. ) ) ) ) ) ) ) ) ) )

CV-04-00867-PHX-SRB (JCG) / CR-01-0077-PHX-SRB ORDER

Pending before the Court are Movant's Motion Requesting an Extension of Time to Answer Government's Opposition (Doc. No. 159) and Movant's Motion to Compel the Government to Provide Defendant with a Copy of the Response to his Section 2255 Motion (Doc. No. 163). On January 14, 2005, the United States filed its Response to the Movant's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. In the Response, the United States certified that it served the Response on Movant. On February 4, 2005, Movant filed his Motion Requesting an Extension of Time. In this Motion Movant requested a 30-day extension of time to respond to the government's opposition to his Motion to Vacate, Set Aside or Correct Sentence. Movant asserted that an extension was required because the Court had not yet decided two pending motions seeking leave to proceed as defendant's next friend. According to Movant, the court's decision regarding these motions would have a decisive effect upon defendant's efforts for postconviction relief because the defendant's ability to under English is minimal and he is not learned in the law.

Case 2:01-cr-00077-SRB

Document 164

Filed 02/06/2006

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On April 4, 2005, Movant filed a Motion to Compel the Government to Provide Defendant with a Copy of the Government's Response to his Section 2255 Motion. In this Motion, the Movant represented that he filed his previous motion for an extension of time to respond because he feared that the delay in the delivery of the response would not be tolled and that he would not have sufficient time to prepare a proper response. Notably, this basis is not included in the Movant's first request for an extension. Movant also averred that he had not received the government's response and further requested that the Court order that the government provide Movant with a copy of the response. As noted above, it appears from the record that the government's response was served upon the Movant. However, as the Movant avers that he did not receive a copy of the Response, IT IS HEREBY ORDERED THAT: 1. Movant's Motion Requesting an Extension of Time to Answer Government's

Opposition (Doc. No. 159) and Movant's Motion to Compel the Government to Provide Defendant with a Copy of the Response to his Section 2255 Motion (Doc. No. 163) are GRANTED; 2. Movant shall file a Reply to Plaintiff USA's Response to Movant's § 2255

Motion (Doc. No. 158) no later than February 27, 2006; 3. The Clerk of the Court is directed to send Movant a copy of Plaintiff

USA's Response to Movant's § 2255 Motion (Doc. No. 158) and Plaintiff USA's Brief re: Application of Fanfan/Booker to Movant's Sentence (Doc. No. 163). DATED this 3rd day of February, 2006.

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Case 2:01-cr-00077-SRB

Document 164

Filed 02/06/2006

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