Free Motion to Continue - District Court of Arizona - Arizona

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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 thirty (30) days to file any objections to the Report and Recommendation of the Magistrate Judge 16 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. 20 2. Counsel has sent a copy of the Report and Recommendation to the Petitioner at the 21 Arizona State Prison Complex in Tucson, Arizona. Time is needed for the Petitioner to 22 receive the material, review and contact counsel. History has demonstrated that making 23 phone contact with Mr. Flores is rather difficult. Contact is made through prison officials. 24 In the past it has taken some time and missed "appointments" to actually have a 25 conversation with the client. 26 3. In addition, counsel is in need of additional time for his own review of the Report and 27 Recommendation in order to prepare any necessary objections. 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. ) (First Request) _______________________________________)

Case 2:02-cv-02065-DGC

Document 42

Filed 12/21/2005

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Counsel for the Respondents, Robert Walsh, has no objection to this request. WHEREFORE, counsel for petitioner, Jaime Flores, respectfully requests the time to file a objections to the Report and Recommendation be continued thirty (30) days.

Respectfully submitted this 21 st day of December, 2005.

S/ Mark A. Paige MARK PAIGE Attorney for Defendant Copy of the foregoing was mailed/delivered this 21st day of December 2005 to: Robert Walsh Assistant Attorney General Criminal Appeals Section 1275 W. Washington St. Phoenix, AZ 85007-2997

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______________________ Mark A. Paige

Case 2:02-cv-02065-DGC

Document 42

Filed 12/21/2005

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