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

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Jon M. Sands Federal Public Defender Michael L. Burke Assistant Federal Public Defender 850 West Adams Street, Suite 201 Phoenix, Arizona 85007 [email protected] Arizona Bar No. 013173 602.382.2816 602.889.3960 facsimile Counsel for Petitioner IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Robert Allen Poyson, Petitioner, vs. Dora Schriro, et al., Respondents. No. CIV-04-0534-PHX-NVW Death Penalty Case Petitioner's Motion for Extension of Time to File Traverse (Second Request)

Petitioner Robert Allen Poyson, through undersigned counsel, respectfully requests a one-week extension of time in which to file his Traverse, which is currently due on August 19, 2005. If the extension of time is granted, the Traverse will be due on August 26, 2005. This is Petitioner's second request for an extension of time in which to file his traverse. Assistant Attorney General J.D. Nielsen, counsel for Respondents, is out of the office until August 11, 2005. Undersigned counsel left Mr. Nielsen a message asking for his position on the proposed extension of time and will supplement this motion when Mr. Nielsen responds to that message. As is explained in the accompanying Memorandum in Support, this motion is made in good faith and not for purposes of delay.

Case 2:04-cv-00534-NVW

Document 37

Filed 08/09/2005

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Respectfully submitted this 9th day of August, 2005. Jon M. Sands Federal Public Defender Michael L. Burke

s/ Michael L. Burke Counsel for Petitioner Certificate of Service I hereby certify that on August 9, 2005, I electronically transmitted the attached document to the Clerk's Office Using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: J.D. Nielsen Assistant Attorney General Attorney General's Office

s/ Jennifer A. Cody Jennifer A. Cody Senior Legal Secretary Capital Habeas Unit
I:\Burke\2_Open Cases\Poyson\motion.extend.traverse.2.wpd

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Case 2:04-cv-00534-NVW Document 37 Filed 08/09/2005 Page 2 of 4

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Jon M. Sands Federal Public Defender Michael L. Burke Assistant Federal Public Defender 850 West Adams Street, Suite 201 Phoenix, Arizona 85007 [email protected] Arizona Bar No. 013173 602.382.2816 602.889.3960 facsimile Counsel for Petitioner IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Robert Allen Poyson, Petitioner, vs. Dora Schriro, et al., Respondents. No. CIV-04-0534-PHX-NVW Death Penalty Case Memorandum in Support of Petitioner's Motion for Extension of Time to File Traverse (Second Request)

Petitioner requests a one-week extension of time in which to file his Traverse. Counsel will be unable to complete the Traverse before the current deadline of August 19, 2005.1 Undersigned counsel is co-counsel in Rossi v. Schriro, No. 0199010, a capital case pending before the United States Court of Appeals for the Ninth Circuit. The reply brief in Rossi is due August 11, 2005. In addition, undersigned counsel is lead counsel in State v. Rudi Apelt, CR 14946 (Pinal County), a capital case involving a claim for relief under Atkins v. Virginia, 536 U.S. 304 (2002). Mr. Apelt's responses to various motions for reconsideration are due August 16, 2005. For these reasons, Petitioner respectfully requests a one-week extension of time in which to file his Traverse.

Undersigned counsel is the only attorney assigned to Petitioner's case and therefore cannot seek the assistance of co-counsel in completing the Traverse by the current deadline. 3
Case 2:04-cv-00534-NVW Document 37 Filed 08/09/2005 Page 3 of 4

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Respectfully submitted this 9th day of August, 2005. Jon M. Sands Federal Public Defender Michael L. Burke s/ Michael L. Burke Counsel for Petitioner

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Case 2:04-cv-00534-NVW Document 37 Filed 08/09/2005 Page 4 of 4