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

1 2 3 4 5 6

MARK PAIGE 45 West Jefferson Luhrs Tower - Suite #806 Phoenix, AZ 85003-2317 (602) 254-5457 State Bar #020902 [email protected] Attorney for Defendant

UNITED STATES DISTRICT COURT 7 8 9 10 11 12 13 14 The Petitioner, Jaime Flores, hereby moves the court for an Order granting an additional 15 extension of time to April 13, 2006 to file any objections to the Report and Recommendation of 16 the Magistrate Judge in the above-entitled matter. This motion is made for the following reasons: 17 1. The Report and Recommendation was filed on or about December 12, 2005. Counsel 18 for the Petitioner was unable to review the Report and Recommendation due to the urgent 19 press of other matters. Counsel was inundated with other matters including trial in 20 Prescott and preparation of motions and replies in a large, multi-defendant matter and 21 preparation for various hearings and trial related matters in that same case (CR-03-116722 PHX-DGC). 23 2. Counsel sent a copy of the Report and Recommendation to the Petitioner at the 24 Arizona State Prison Complex in Tucson, Arizona. Counsel has had opportunity to 25 discuss the matter with the client last week by phone. The client indicated that he had sent 26 items to me for consideration and inclusion in the Objections to the Report and 27 Recommendation. These items have not arrived as yet. 28 DISTRICT OF ARIZONA _______________________________________ ) Jaime Flores, ) No.: CV-02-2065-PHX-DGC(MS) ) Petitioner, ) ) MOTION TO EXTEND TIME v. ) FOR FILING OBJECTIONS TO ) MAGISTRATE'S REPORT AND Terry L. Stewart, et al., ) RECOMMENDATION ) Respondents. ) (Third Request) _______________________________________)

Case 2:02-cv-02065-DGC

Document 46

Filed 03/13/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3. Therefore, counsel is requesting an additional thirty (30) days to file objections.

Counsel for the Respondents, Robert Walsh, has not responded to the inquiry of counsel as to his position WHEREFORE, counsel for petitioner, Jaime Flores, respectfully requests the time to file a objections to the Report and Recommendation be continued to April 13, 2006.

Respectfully submitted this 13th day of March, 2006.

S/ Mark A. Paige MARK PAIGE Attorney for Defendant Copy of the foregoing was mailed/delivered this 13th day of March 2006 to: Robert Walsh Assistant Attorney General Criminal Appeals Section 1275 W. Washington St. Phoenix, AZ 85007-2997

,

s/ Mark A. Paige Mark A. Paige

Case 2:02-cv-02065-DGC

Document 46

Filed 03/13/2006

Page 2 of 2