MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION FOR WRIT OF HABEAS CORPUS

(Third Request)

RICHARD F. BOULWARE, II, District Judge.

Petitioner James Anthony Davis moves this Court for an extension of time of 90 days from February 26, 2017 to, and including, May 26, 2017, to file an Amended Petition for Writ of Habeas Corpus. This motion is based on the attached points and authorities and the record in this case.

POINTS AND AUTHORITIES

1. On January 26, 2017, undersigned counsel filed an unopposed motion to extend the time for filing his amended petition by 120 days until May 26, 2017. See ECF No. 18.

2. On January 30, 2017, this Court granted that motion. See ECF No. 19 at 3. However, on February 8, 2017, this Court entered a separate order resolving several prior motions and pro se pleadings that had been filed in the case. See ECF No. 20. In the course of doing so, this Court granted a preceding motion to extend and gave Davis until February 26, 2017 (not May 26, 2017) to file his amended petition. Id.

3. Because this Court's January 30, 2017 Order preceded its February 8, 2017 order, Davis was concerned that the February 8 order may have overwritten the January 30 Order. Out of abundance of caution, he files this motion re-requesting the May 26, 2017 deadline for filing an amended petition for all of the same reasons articulated on January 26, 2017. See ECF No. 18.

4. For the reasons above, as well as the record in this case, Davis asks this Court to grant his request for an extension of time to file the amended petition and order the amended petition to be filed on or before May 26, 2017.

IT IS SO ORDERED.