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

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Gary T. Lowenthal ­ California Bar No. 46923 [email protected] 1490 Camino Corrales Santa Fe, NM 87505 Douglas Gerlach ­ Arizona Bar No. 06869 [email protected] JENNINGS, STROUSS & SALMON, P.L.C. A Professional Limited Liability Company The Collier Center, 11th Floor 201 E. Washington Street Phoenix, Arizona 85004-2385 Telephone: (602) 262-5911 Attorneys for Petitioner UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

STEVEN CRAIG JAMES, Petitioner, vs. DORA B. SCHRIRO, et al., Respondents.

No. CV 00-1118-PHX-NVW DEATH PENALTY CASE MOTION FOR EXTENSION TO FILE REPLY MEMORANDUM (Second Request) Motion

Petitioner Steven Craig James moves the Court for an order extending by seven days the time to file his Reply Memorandum re: Merits of Claims. This motion asks the Court to extend the deadline for filing the Reply to February 22, 2008. We have discussed this request with counsel for the State, Assistant Attorney General Robert Gorman, and he has no objection. This motion is prompted because of difficulties that have been encountered when trying to merge sections of the Reply that were prepared in Word Perfect format with

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sections prepared in Microsoft Word format. That has delayed not only the preparation of a final version of the Reply that is suitable for filing, but also delayed and complicated editing work that has gone on. In addition, staff assistance that we anticipated having available to assist in the effort has been required to devote time to other tasks, thus further delaying our ability to put together a final version of the Reply that can be filed. We represent that this request is in the interests of justice and is not made for purposes of delay. Relief Requested The motion should be granted and Petitioner's deadline to file a Reply Memorandum should be extended to February 22, 2008. February 15, 2008. Gary T. Lowenthal 1490 Camino Corrales Santa Fe, NM 87505 Douglas Gerlach JENNINGS, STROUSS & SALMON, P.L.C. The Collier Center, 11th Floor 201 E. Washington Street Phoenix, AZ 85004-2385 Attorneys for Petitioner

By

/s/ Douglas Gerlach Attorneys for Petitioner

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CERTIFICATE OF SERVICE I hereby certify that on February 15, 2008, I electronically transmitted this Motion for Extension to File Reply Memorandum 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: Robert John Gorman Office of the Attorney General Criminal Appeals Section 400 W. Congress, Suite 315 Tucson, AZ 85701-1367 [email protected] Attorney for Respondents and copy delivered to: The Honorable Neil V. Wake Judge, United States District Court United States District Court 401 West Washington Phoenix, AZ 85003 /s/ Denise L. Christiansen

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