Free Motion for Extension of Time to File Answer - District Court of Arizona - Arizona

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TERRY GODDARD ATTORNEY GENERAL (FIRM STATE BAR NO. 14000) DIANE M. ACOSTA ASSISTANT ATTORNEY GENERAL CRIMINAL APPEALS SECTION 1275 W. WASHINGTON PHOENIX, ARIZONA 85007B2997 TELEPHONE: (602) 542B4686 (STATE BAR NUMBER 018197) E-MAIL: [email protected] ATTORNEYS FOR RESPONDENTS

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
GREGORY ALIK PIKE, fka GREGORY WATERMAN,
Petitioner,

CIV 02­2368­PHX­JWS (DKD) MOTION FOR EXTENSION OF TIME TO FILE ANSWER TO PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS (First Request)

-vsTERRY L. STEWART, et al.,
Respondents.

Respondents respectfully request that this Court extend the time within which Respondents may file their Response to Petitioner's Petition for Writ of Habeas Corpus. This Response is currently due on January 23, 2007, and

Respondents move for a 60­day extension until March 26, 2007. Undersigned counsel moves for this extension based on the following reasons: 1. Undersigned counsel was assigned to this case upon receipt of this

Court's order issued on December 14, 2006. However, counsel was on annual leave status from December 21, 2006, through January 1, 2007; and on sick leave status from January 2 through January 9. Upon returning to her office, counsel prepared and filed a response to a habeas petition in Williams v. Warden, CIV 05­ 597­TUC­JMR on January 16, 2007, and is currently preparing an answering brief in Bell v. Fizer, No. 05-16522, which is due in the Ninth Circuit Court of Appeals

Case 2:02-cv-02368-JWS

Document 111

Filed 01/18/2007

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1 on January 26, 2007. 2 2. Within the next 6 weeks, undersigned counsel expects to prepare and file 3 four other federal habeas responses and two state-court answering briefs in other 4 cases that were assigned to counsel well prior to her assignment in this case. 5 Counsel needs additional time to review Petitioner Pike's extensive files before 6 preparing a response to his habeas petition. 7 3. Undersigned counsel apologizes to this Court and Petitioner for this DATED this 18th day of January, 2007.
RESPECTFULLY SUBMITTED, TERRY GODDARD ATTORNEY GENERAL

8 unavoidable delay 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:02-cv-02368-JWS Document 111 Filed 01/18/2007 Page 2 of 3
S/DIANE M. ACOSTA ASSISTANT ATTORNEY GENERAL ATTORNEYS FOR RESPONDENTS

1 I hereby certify that on this 18th day of January, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and 2 transmittal of a Notice of Electronic Filing to the following ECF registrant: 3 s/ 4 DIANE M. ACOSTA 5 ************* 6 A copy of the foregoing was deposited for mailing this 18th day of January, 2007, to: 7 GREGORY A. WATERMAN, #111126 8 ASPC-Lewis Morey Red P.O. Box 3300 9 Buckeye, Arizona 85326 10 Petitioner, Pro Se 11 s/ 12 Liz Gallagher 13 CRM95­0248 14 127038 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:02-cv-02368-JWS Document 111 3 Filed 01/18/2007 Page 3 of 3