Filed: Aug. 01, 2017
Latest Update: Aug. 01, 2017
Summary: UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION FOR WRIT OF HABEAS CORPUS RICHARD F. BOULWARE, II , District Judge . Petitioner Carl Bradley, by counsel, moves this Court for the entry of an Order extending the time in which she must file an Amended Petition for Writ of Habeas Corpus by 30 days from July 28, 2017 to, and including, August 28, 2017. This motion is based on the attached points and authorities and the record. POINTS AND AUTHORITIES 1. Counsel has completed a
Summary: UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION FOR WRIT OF HABEAS CORPUS RICHARD F. BOULWARE, II , District Judge . Petitioner Carl Bradley, by counsel, moves this Court for the entry of an Order extending the time in which she must file an Amended Petition for Writ of Habeas Corpus by 30 days from July 28, 2017 to, and including, August 28, 2017. This motion is based on the attached points and authorities and the record. POINTS AND AUTHORITIES 1. Counsel has completed a d..
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UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION FOR WRIT OF HABEAS CORPUS
RICHARD F. BOULWARE, II, District Judge.
Petitioner Carl Bradley, by counsel, moves this Court for the entry of an Order extending the time in which she must file an Amended Petition for Writ of Habeas Corpus by 30 days from July 28, 2017 to, and including, August 28, 2017. This motion is based on the attached points and authorities and the record.
POINTS AND AUTHORITIES
1. Counsel has completed a draft of Bradley's amended petition in line with counsel's last request for an extension. However, difficulty communicating with Bradley due to his location at USP Florence ADMAX in Florence, Colorado, has continued to plague us.
2. Counsel and Bradley have been communicating by phone and letter. Bradley has quickly responded to past requests for information.
3. During a telephone call with Bradley earlier this week, which ended somewhat abruptly, counsel learned that Bradley never received one of her letters seeking information.
4. The day of our telephone call, July 26, 2017, counsel sent Bradley a follow-up letter, which, in part, reiterated the original request. The last letter counsel sent that Bradley received took a week to reach him from the day counsel sent it.
5. The requested information, once received, will assist in the investigation and help counsel determine whether a factual basis for one of Bradley's claims exists. Should the investigation be fruitful, counsel will add the claim(s) to Bradley's petition.
6. This request is not made for the purposes of delay, but rather in the interests of justice, as well in Bradley's interests.
7. On July 28, 2017, counsel exchanged e-mails with Deputy Jeffrey Connor, who does not object to this request, with the caveat that his lack of objection is not to be construed as a waiver or concession of any kind.
8. For the reasons above, as well as the record in this case, Bradley respectfully asks this Court to grant his request for an extension of time and enter an order requiring the amended petition be filed on or before August 28, 2017.
IT IS SO ORDERED.
