Filed: Aug. 21, 2018
Latest Update: Aug. 21, 2018
Summary: Unopposed Motion for Extension of Time to File Response in Opposition to Motion to Dismiss (Firist Request) RICHARD F. BOULWARE, II , District Judge . Petitioner, Anthony Meritt Posey, by and though counsel, C.B. Kirschner, Assistant Federal Public Defender, moves this Court for an extension of time of sixty (60) days from August 21, 2018, to and including October 20, 2018, to file a Response in Opposition to Respondents' Motion to Dismiss. POINTS AND AUTHORITIES 1. On or about August 14
Summary: Unopposed Motion for Extension of Time to File Response in Opposition to Motion to Dismiss (Firist Request) RICHARD F. BOULWARE, II , District Judge . Petitioner, Anthony Meritt Posey, by and though counsel, C.B. Kirschner, Assistant Federal Public Defender, moves this Court for an extension of time of sixty (60) days from August 21, 2018, to and including October 20, 2018, to file a Response in Opposition to Respondents' Motion to Dismiss. POINTS AND AUTHORITIES 1. On or about August 14,..
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Unopposed Motion for Extension of Time to File Response in Opposition to Motion to Dismiss
(Firist Request)
RICHARD F. BOULWARE, II, District Judge.
Petitioner, Anthony Meritt Posey, by and though counsel, C.B. Kirschner, Assistant Federal Public Defender, moves this Court for an extension of time of sixty (60) days from August 21, 2018, to and including October 20, 2018, to file a Response in Opposition to Respondents' Motion to Dismiss.
POINTS AND AUTHORITIES
1. On or about August 14, 2012, Anthony Meritt Posey was sentenced to two, consecutive periods of incarceration of seventy-two (72) to one hundred eighty (180) months. Mr. Posey mailed his pro se Petition for a Writ of Habeas Corpus on July 28, 2015. ECF No. 1. His First Amended Petition was filed on October 10, 2017. ECF No. 18.
2. Respondents filed a Motion to Dismiss on August 7, 2018. ECF No. 24. Petitioner's Response in Opposition is currently due August 21, 2018. Mr. Posey now requests an additional sixty (60) days to file his Opposition, until October 20, 2018. This is the first request for an extension of time.
3. The additional period of time is necessary in order to effectively represent Mr. Posey. This motion is filed in the interests of justice and not for the purposes of unnecessary delay.
4. Counsel's busy schedule necessitates this extension request. Counsel currently has filing deadlines in nine other pending habeas cases, including an Answering Brief in the Ninth Circuit Court of Appeals due September 7, 2018. Counsel will also be out of the office attending (and presenting a seminar at) the National Non-Capital Habeas Conference from September 26, 2018 to September 28, 2018.
5. On August 17, 2018, Deputy Attorney General Erin Bittick was contacted via email and stated she did not object to the extension, but the lack of objection should not be construed as a waiver of any procedural defenses.
6. For the above stated reasons, Petitioner respectfully requests this Court grant the request for an extension of time of sixty (60) days and order the Response in Opposition to be filed on or before October 20, 2018.
IT IS SO ORDERED.
