Opinion
1:19-cv-14130 (NLH)
01-08-2020
DAVID EVDOKIMOW, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
APPEARANCES: Craig Carpenito, United States Attorney Vera Varshavsky, Assistant United States Attorney US Attorneys Office District of New Jersey 970 Broad Street 7th Floor Newark, NJ 07102 Attorneys for Respondent Lawrence S. Lustberg Gibbons, PC One Gateway Center Newark, NJ 07102-5310 Attorneys for Petitioner
MEMORANDUM OPINION & ORDER
APPEARANCES: Craig Carpenito, United States Attorney
Vera Varshavsky, Assistant United States Attorney
US Attorneys Office
District of New Jersey
970 Broad Street
7th Floor
Newark, NJ 07102
Attorneys for Respondent Lawrence S. Lustberg
Gibbons, PC
One Gateway Center
Newark, NJ 07102-5310
Attorneys for Petitioner HILLMAN , District Judge
WHEREAS, Petitioner David Evdokimow filed a motion to correct, vacate, or set aside his federal sentence under 28 U.S.C. § 2255 on June 21, 2019, see ECF No. 1; and
WHEREAS, the Court ordered Respondent United States to answer the motion on July 22, 2019, see ECF No. 3; and
WHEREAS, the Court granted Respondent two extensions of time to file its answer on August 27, 2019 and November 1, 2019, see ECF Nos. 7 & 9; and
WHEREAS, Respondent filed a third request for an extension of time on January 3, 2020, the date its answer was due under the Court's November 1, 2019 Order, see ECF No. 11; and
WHEREAS, the request did not indicate that Respondent had asked for Petitioner's consent to the extension of time prior to filing with the Court, see id.; and
WHEREAS, Petitioner filed a letter objecting to the extension of time unless he is granted bail pending the resolution of the § 2255 proceedings, see ECF No. 12
THEREFORE, IT IS on this 8th day of January, 2020
ORDERED that Respondent's request for an extension of time, ECF No. 11, is granted. The answer is due no later than February 14, 2020; and it is further
ORDERED that no further extensions of time will be permitted.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey