United States District Court, S.D. New York
September 6, 2005.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
This Office represents respondent in the above-referenced
matter. For the following reasons, I respectfully request a
two-week adjournment until September 9, 2005 to respond to
I first received petitioner's petition on June 28, 2005. Since
then, I filed a respondent's brief in the Appellate Division,
First Department (People v. John Dingle), a response to another
petition for a federal writ of habeas corpus (Elias Joseph v.
Ekpe), a letter in connection with another habeas corpus
proceeding (Mark Garraway v. Phillips), and a response to a
leave application before the New York Court of Appeals (People
v. Andre Lewis). Currently, I must respond to a petition for a
writ of error coram nobis (People v. Anthony Forte), a motion
to vacate a judgment (People v. Rico Cox), a brief submitted to
the Appellate Division (People v. Jason Lopez), and I must
prepare for a hearing on a motion to vacate a judgment (People
v. Kenneth Samuels). In addition, I took several vacation days
in July and August. Moreover, the ADA who is assigned to edit my
response to petitioner's motion has been on vacation since August
15, 2005, and will not return until August 29, 2005.
This second request for an extension until September 9, 2005 is
made in good faith, based upon my approximation of the time
required to prepare an adequate response. Thank you for your time
and consideration in this matter. If there is any further
information you require in this matter please do not hesitate to
contact me at (718) 590-2322.
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