Opinion
1:09-CR-00154
07-23-2013
UNITED STATES OF AMERICA v. GREGORY TATE
OPINION & ORDER
This matter is before the Court on Gregory Tate's pro se July 1, 2013 letter to the Clerk's Office, in which he asserts that he needs more time in which, the Court infers, to file a petition for habeas relief under 28 U.S.C. § 2255 (doc. 73). The Government opposes the motion (doc. 74).
This is Mr. Tate's second request for an extension of time in which to file his habeas petition. Although he does not elaborate on the reasons for the instant request, the Court infers from what is written and from the previous request that Mr. Tate is still pursuing action against the Ohio attorney who represented him at the state level. According to the instant letter, the Ohio Bar Association has indicated that it would investigate Mr. Tate's complaint, but to date it has not done so. Mr. Tate insists that this issue is critical to his habeas petition.
As the Government notes, the Court granted Mr. Tate an extension in April, over the Government's objections (doc. 71). At that time, the Court noted that it would not extend the deadline indefinitely or until the Ohio Bar Association completed its investigation but would, instead, grant Mr. Tate only until July 5, 2013 in which to file his petition. Mr. Tate has presented nothing to compel the Court to alter its earlier decision, and the instant motion is therefore DENIED.
Mr. Tate's amended deadline for filing his petition was July 5, 2013, and his letter to the Clerk's office is dated July 1, 2013 but stamped filed on July 10, 2013. The delay is not explained, but, in the interests of justice, the Court will extend the deadline for Mr. Tate to file his petition to account for the pendency of the instant motion. Therefore, Mr. Tate has until August 15, 2013 to file a habeas petition. No further extensions will be granted.
SO ORDERED.
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S. Arthur Spiegel
United States Senior District Judge