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ESCOBAR v. SENKOWSKI

United States District Court, S.D. New York


June 7, 2005.

Jose Escobar,
v.
Daniel A. Senkowski.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

A Motion For An Enlargement/Extension of Time to Perfect & File Petitioner Objections to the Magistrate's Report and Recommendation
On May 31, 2005, I received Theodore H. Katz, United States Magistrate Judge's Report and Recommendation, wherein he recommend that petitioner's petition for writ of habeas corpus be denied.

Your Honor, petitioner is requesting an extension of time to perfect and file his objections to the Magistrate's Report and Recommendation for the following reasons:

  First, the petitioner he has to rely upon the legal assistance of others to perfect an objections to the Magistrate's Report and Recommendation, because he is a layman in the law.

  Further, because of the complexity of the legal issues involved, such as, the transcripts, the habeas corpus petition, the respondent's opposition to the petition and the lengthy Magistrate's Report and Recommendation. Any inmate that petitioner chooses to assist him will require a lot of time to familiarize himself with the legal materials mention herein.

  Additionally, petitioner was recently transfer to Eastern Correctional Facility, where he is not acquainted with the inmates law clerks or others that is familiar with his case nor the rules of this Court. He leaves behind the inmate clerk that was assisting with the filing of his writ of habeas corpus petition. Petitioner does not want to lose his legal arguments that are before this Court at the cost of not having enough time to find some who is capable to adequately respond to the Magistrate's report and Recommendation.

  Having stated the above, the petitioner request a 60 days extension of time to perfect and file his objection to the Magistrate's lengthy Report and Recommendation, pursuant to F.R.C.P. Rule 72(b).

  WHEREFORE, petitioner prays that this Court grant his motion for and enlargement/extension of time to file his objections to the Magistrate's Report and Recommendation or any other relief.

  SO ORDERED.

20050607

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