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 Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA _______________________________________ ) Jaime Flores, ) No.: CV-02-2065-PHX-DGC (MS) ) Petitioner, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE AND EXTEND TIME ) TO FILE SUPPLEMENTAL BRIEF Terry Stewart, Director of Arizona ) Department of Corrections; and the ) (Second Request) Attorney General of the State of Arizona, ) ) Respondents. ) _______________________________________) The petitioner, Jaime Flores, by and through his counsel respectfully moves the Court to continue and extend the time set for filing a supplemental brief now set for September 9, 2005. This is the second request by the undersigned, newly appointed, counsel. The basis for this request is as follows: 1. The petitioner, has filed a petition pursuant to 28 U.S.C. §2254 alleging several deficiencies during proceedings held in the State Court of Arizona resulting in his conviction and sentence. Throughout the subsequent proceedings, the petitioner has represented himself. Apparently, a request was made for counsel to be appointed to assist the petitioner with further filings and hearings. Undersigned counsel was appointed by Order on or about March 30, 2005, however, did not receive a copy of the Order or notice of the appointment until approximately the middle (or late) May, 2005 (in fact, counsel has never received the Order, but became aware from the Petitioner and a check of the docket sheet). After learning of the appointment, counsel ordered all of the documents filed in this matter from the District Court Clerk's Office. These items were retrieved on

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or about June 1, 2005. These documents constitute a stack of approximately 3 inches of material. 2. The July 5, 2005 briefing deadline was extended to August and, later, to the current setting of September 9, 2005. Undersigned counsel is requesting the extension of that deadline again for two reasons. First, counsel has made several calls to the facility in Tucson where Mr. Flores is being housed. Most recently, CO3 Banks left a message last week advising to simply call him to schedule a call or visit (though previously he referred me to another office). Several calls have been made this week, however, I have been unable to speak with Mr. Banks. Second, undersigned counsel is to begin a trial in Prescott, Arizona on September 7, 2005 which is expected to last into the most or all of the following week. 3. Counsel is in need of sufficient time to review the file (materials obtained from the Court), meet with the client and review materials in his possession, meet with others currently involved in the determination of the issues before the Court, make determinations as to the manner in which to proceed and draft and file the brief called for by the Court. 4. The petitioner is in custody. Counsel for the State, Robert A. Walsh, has no objection. Said motion is based on all files, records and proceedings herein. WHEREFORE, counsel for petitioner, Jaime Flores, respectfully requests the time to file a Supplemental Brief be continued to September 30, 2005.

Respectfully submitted this 2 nd day of September, 2005 S/ Mark A. Paige ______________________________________ MARK PAIGE Attorney for Petitioner

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Copy of the foregoing was electronically delivered this 2nd day of September , 2005 to: Robert A. Walsh Assistant Attorney General Criminal Appeals Section 1275 W. Washington Phoenix, AZ 85007-2997 s/ Mark A. Paige Mark A. Paige

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