Opinion
Civil 1:22-01774-PKC CRIMINAL 1:18-00080-PKC-1
09-29-2022
Robert Acosta, Petitioner, v. United States of America, Respondents
Robert Acosta Petitioner Pro se
Robert Acosta Petitioner Pro se
MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY TO THE GOVERNMENTS RESPONSE IN OPPOSITION
P. Kevin Castel United States District Judge
COMES NOW, Robert Acosta, hereinafter known as petitioner, in pro se forma, respectfully requests this Honorable Court an 'Extension of Time' to file a diligent Reply to the Government's Response in Opposition filed in September 5th' 2022 (Dkt. 194) In support thereof petitioner avers:
1 - Petitioner received the government's Response in the institutional mail on the 10th of September 2022, The government opposed to each of petitioner's arguments raised in the 2255 petition. Specifically, in its response the government included counsel(s), Wiensten and Koffsky, respective affidavits concerning petitioner's claims under ineffective assistance of counsel, (See, Response)
2- It is well settled that pro se litigants generally are entitled to a liberal construction of their pleadings, which should be read 'to raise the strongest arguments that they suggest,' See, Harris v. Mills, 572 E3d 66,72 (2d Cir, 2009); see generally Hairies v, Kerner, 404 U.S, 519,520-521 (1972) (per curiam), Pro se complaints should be read with "special solicitude" and should be interpreted to raise the "strongest [claims] that they suggest," Triestman v. Fed. Bureau of Prisons, 470 F,3d 471, 474-75 (2nd Cir. 2006),
3- The right to reply is an integral part of the Rules of Civil Procedure, More importantly, petitioner will submit family members version of facts concerning counsels' assertions contained in the affidavits submitted in the government's Response. Also, conditions of the pandemic and institution restrictions are still enforced where petitioner is currently housed.
4- Based on the above, petitioner seeks and extension of time of at least sixty (60) days to file a reply in the instant proceedings. Moreover, the time requested is necessary to prepare and adequate amended petition, See Pro Se Handbook -After Service of Process; Section E (a, ii),
WHEREFORE, for the foregoing reasons, petitioner prays this Honorable Court grants the following pro se request for an extension of time and/or grants any other relief this courts deems proper.