Free Motion to Continue - District Court of Arizona - Arizona

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Gail Gianasi Natale State Bar No. 010389 817 North Second Street Phoenix, AZ 85004 (602) 258-1778 FAX: (602) 258-1779 UNITED STATES DISTRICT COURT

5 DISTRICT OF ARIZONA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMES NOW Petitioner CURTIS GRAYLIN SIMMONS, by and through counsel undersigned, pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A(1)(H) and (3)(b) and hereby moves this Court to continue counsel's appointment to represent him in state court to exhaust his procedural remedies. For all practical v. DORA SCHRIRO, et al., Respondents. CURTIS GRAYLIN SIMMONS, CV-03-02172-PHX-NVW Petitioner, MOTION PURSUANT TO CRIMINAL JUSTICE ACT TO CONTINUE APPOINTMENT OF COUNSEL TO REPRESENT PETITIONER IN STATE COURT PROCEEDINGS

purposes, this procedure is part of his 28 U.S.C. § 2254 claims. The undersigned has represented Mr. Simmons for more than a year-and-a half--throughout the appeal process to the Ninth Circuit; she is familiar with the proceedings and the record in state court. In the interest of judicial economy, as

well as Mr. Simmons' due process right to counsel, he hereby asks that this Court order that the undersigned represent him in state court pursuant to the Criminal Justice Act.

Case 2:03-cv-02172-NVW

Document 31

Filed 08/10/2006

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RESPECTFULLY SUBMITTED this 10th day of August, 2006.

s/Gail Gianasi Natale GAIL GIANASI NATALE Attorney for Petitioner

I hereby certify that on August 10, 2006 6 I electronically transmitted the attached document to the Clerk's 7 Office using the CM/ECF registrants 8 and 9 COPIES of the foregoing mailed this 10th day of August, 2006, to: 10 The Honorable Neil V. Wake 11 United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 524 12 401 West Washington Street, SPC 52 Phoenix, AZ 85003 13 J.D. Nielsen, Assistant Attorney General 14 Attorney General's Office 1275 W. Washington 15 Phoenix, AZ 85007 16 17 18 s/Anita Jundy 19 20 21 22 23 24 25 26 2 Case 2:03-cv-02172-NVW Document 31 Filed 08/10/2006 Page 2 of 2 Curtis Graylin Simmons #35849 ASPC--Perryville - Santa Rosa Unit P.O. Box 3500 Goodyear, AZ 85338