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

(FIRST REQUEST)

RICHARD F. BOULWARE, II, District Judge.

Petitioner Oscar Perez-Marquez, by counsel, moves this Court for the entry of Order extending the time within which he must file a Second Amended Petition for Writ of Habeas Corpus by 91 days from April 9, 2018 to and including July 9, 2018. Perez-Marquez's request is based on the record in this case and the attached Points and Authorities. The state, by Deputy Attorney Sheryl Serreze, does not object to this request.

POINTS AND AUTHORITIES

1. On December 18, 2017 the Office of the Federal Public Defender was appointed as counsel for Petitioner, Oscar Perez-Marquez (ECF No.24). Undersigned counsel filed her appearance on February 7, 2018 (ECF No. 34).

2. This is Perez-Marquez's first request for an extension of time. This motion is not filed for the purposes of delay but in the interests of justice, as well as in the interests of Perez-Marquez.

3. Counsel's schedule and circumstances beyond her control have precluded her from meeting the current deadline of April 9, 2018. On February 27, 2018, counsel travelled to Saguaro, AZ to meet with Perez-Marquez for the first time. At this meeting, counsel learned that extensive investigation may be necessary for the filing of an Amended Petition in his case. Furthermore, the office of the Federal Public Defender has been diligently trying to obtain prior counsel files, but to date, has not been able to gather all of prior counsels' files. Furthermore, counsel has filed three petitions in the past 30 days, one of which had AEDPA time, and will file another petition on April 13, 2018. Counsel is preparing an evidentiary hearing in state court, and counsel has filed various other pleadings in the weeks prior.

4. On April 5, 2018, counsel e-mailed Deputy Attorney Sheryl Serreze regarding her requested extension. On April 5, 2018, she responded that she does not object to this request. However, Ms. Serreze's lack of objection does not constitute a waiver of any procedural defenses Respondents may wish to raise in response to the amended petition including, but not limited to, timeliness, procedural default, and questions of exhaustion.

5. The requested extension is necessary for counsel to complete her review of the case and to draft and file the Amended Petition for Writ of Habeas Corpus. For these reasons, as well as the record in this case, Perez-Marquez respectfully asks this Court to grant his request to extend the time for filing a Second Amended Petition by 90 days until July 9, 2018.

IT IS SO ORDERED.