Opinion
15 Cr-174-LGS
09-16-2021
UNITED STATES OF AMERICA, Plaintiff-Respondent. v. CARLOS JOSE ZAVALA VELASQUEZ, Defendant-Movant.
MOTION SEEKING CESSATION OF FURTHER EXTENSIONS FOR GOVERNMENT IN FILING SURREPLY
LORNA G. SCHOFIELD, United States District Judge.
Comes CARLOS JOSE ZAVALA VELASQUEZ, Defendant-Movant in the above-styled and numbered cause, and respectfully submits this Motion Seeking Cessation of Further Extensions for Government in Filing Surreply. Currently, the Government has sought two extensions of 30 days and 20 days [Crim. Doc. 529 & 531, respectively], which this Court granted. [Crim. Doc. 530 & 532]. Zavala submits that fifty days is more than enough time to draft a 15-page Surreply. He also points out the Government has filed these extension exclusively on the criminal docket and not the civil document, thereby throwing shade on these requests; for, it appears the Government is attempting to conceal these from Zavala's access. Moreover, neither Government extension was served upon Zavala. For these reasons, this Court should prohibit any further attempts by the Government to secure extensions.
Other questionable Government behavior has manifest during the pendency of these requests for extensions; however, Zavala will 1 only attest to such if he is (a) provided in camera review; (b) provided ex parte ensurances; and (c) provided the protection of the Court's seal. This questionable behavior supports Zavala's suspicions of the Government's motive for repeatedly delaying this process.
Nevertheless, he respectfully requests the Government be provided no additional extensions. As submitted previousty, Zavala is innocent; and every additional day in federal prison is horrific for him.
(1) Petitioner's application to bar further extension is denied as moot because the Government has filed its reply. (2) Petitioner's request to discuss the Government's behavior in camera, ex parte and under seal is denied. The Court ordinarily does not communicate with only one party in private absent extraordinary circumstances. (3) In compliance with the Court's practice, the parties shall file all documents related to the 2255 motion in both the criminal and the civil docket. By October 8, 2021, the Government shall re-file in the civil docket all past documents related to the 2255 motion as exhibits in one entry.
DECLARATION
I, CARLOS JOSE ZAVALA VELASQUEZ, do hereby declare under penalty of perjury pursuant to 28 u.s.c. § 1746 that the foregoing is true and correct to the best of my knowledge. 2