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

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TERRY GODDARD ATTORNEY GENERAL (FIRM STATE BAR NO. 14000) ROBERT A. WALSH ASSISTANT ATTORNEY GENERAL CRIMINAL APPEALS SECTION 1275 W. WASHINGTON PHOENIX, ARIZONA 85007B2997 EMAIL: [email protected] TELEPHONE: (602) 542B4686 (STATE BAR NUMBER 016071) ATTORNEYS FOR RESPONDENTS

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
JAIME FLORES,
Petitioner,

CIV 02-2065-PHX-DGC (MS) RESPONDENTS' MOTION TO EXTEND TIME FOR FILING OF SUPPLEMENTAL BRIEFS

-vsDORA B. SCHRIRO, et al.,
Respondents.

Respondents, by and through undersigned counsel, hereby move this Court

16 to continue the date on which they must file their simultaneous supplemental brief 17 regarding Ninth Circuit ineffective-assistance-of-counsel precedent, presently due 18 on August 19, 2005, for 3 weeks, to Friday, September 9, 2005. Respondents 19 require this extension because undersigned counsel will be in an evidentiary 20 hearing between the dates of August 16, 2005, and August 19, 2005, before the 21 Honorable Stephen McNamee in Jaramillo v. Schriro, CV-00-936-PHX-SMM. 22 Undersigned counsel has been and will be unable to prepare his supplemental brief 23 in the instant case because of: (1) a pre-scheduled vacation between July 15, 2005, 24 and July 22, 2005; (2) a 3-day CLE conference in late July 2005; (3) the necessity 25 of filing numerous responses and replies in Jaramillo during the preceding 3 26 weeks; and (4) undersigned counsel's preparation for the evidentiary hearing in 27 that case. 28
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Furthermore, undersigned counsel has consulted with Petitioner's counsel,

2 Mr. Mark Paige regarding this motion. Mr. Paige has informed the undersigned that 3 he joins in Respondents' motion for two reasons: (1) Mr. Paige has not had an 4 opportunity to consult with Petitioner because of Petitioner's frequent transfers 5 within A.D.O.C.; and (2) Mr. Paige just learned that the Arizona Court of Appeals 6 denied review from Petitioner's petition for post-conviction relief in 1 CA-CR 047 0678 (Maricopa County CR 1998-005315), on August 2, 2005. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED this 10th day of August, 2005.
RESPECTFULLY SUBMITTED, TERRY GODDARD ATTORNEY GENERAL

s/ ROBERT A. WALSH
ASSISTANT ATTORNEY GENERAL ATTORNEYS FOR RESPONDENTS

1 Copiesthof the foregoing were deposited for mailing this 10 day of August 2005 to: 2 MR. MARK PAIGE 3 45 W. JEFFERSON, STE. 806 PHOENIX, ARIZONA 85003-2328 4 Counsel for PETITIONER 5 6 7 s/ 8 9 10 CRM00-1418 122240 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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