Opinion
21 Civ. 07879 (ALC)
05-23-2022
PABLO GARCIA, Petitioner, v. J. COLLADO, Superintendent, Shawangunk Correctional Facility, Respondent.
MOTION FOE EXTENSION OF TIME AND OR STAY AND ABEYANCE
COMES NOW Petitioner, Pablo Garcia, respectfully requests for this Court to grant him an extension and/ or Stay and ENDOF Abeyance to file a reply to the Respondent's Declaration in Opposition and/ or amend petitioner's habeas corpus petition. In support of this request, Petitioner states as follows:
1. Respondent's response of a Declaration in Opposition was filed on or about December 16, 2021.
2. Petitioner respectfully requests an extension because Petitioner is still awaiting the judgment on his writ of Error Coram Nobis in the State Court; in which, after four extensions that has been provided to the District Attorney, the District Attorney filed their response on April 11, 2022 (copies of letters enclosed). Therefore, the State Court has not yet made their verdict on the writ of error coram nobis, OR
3. Petitioner respectfully requests a Stay and Abeyance not only in anticipation of the judgment for the coram nobis, in which Petitioner just recieved the response on April 11th; but also because Petitioner has unexhausted claims in the State Court including an "ineffective assistance of trial counsel" and an "Actual Innocence" claim that will be implemented in a motion that petitioner's counsels are filing with the State Court.
4. Petitioner respectfully requests this extension, as this is Petitioner's second request for an extension.
For the foregoing, Petitioner prays this Court grants the requested relief. He further prays for any other and further relief which the Court may deem just and proper under the circumstances.
The Court STAYS Petitioner's reply pending Respondent's consent to the requested relief. No later than May 27, 2022, Respondent shall inform the Court whether Respondent consents.
Re: People v. Pablo Garcia
Indictment Number: 2650/2009
Your Honor:
I am the Assistant District Attorney assigned to respond to the above-referenced defendant's pro se petition for a writ of error coram nobis. Currently, the return date is scheduled for December 6, 2021.
Due to the upcoming holidays and my current workload, which includes responses to two direct appeals in this Court, another coram nobis application, and two CPL § 440.10 motions, I am unable to respond to defendant's motion by the return date. Further, I have requested, but not yet received, the trial folder, which is needed to adequately respond to defendant's motion. Accordingly, I am respectfully requesting an extension of time to February 7, 2021. This is my second request for an extension.
Shera Knight, Assistant District Attorney
Re: People v. Pablo Garcia
Indictment Number: 2650/2009
Dear Mr. Garcia:
I write to inform you that the Court has granted the People's second request for an extension of our time to respond to your pro se petition, for a writ of error coram nobis. As such, the previous return date of December 6, 2021, has been extended to February 7, 2022.
Respectfully submitted, Shera Knight
Assistant District Attorney
Re: People v. Pablo Garcia
Indictment Number: 2650/2009
Dear Mr. Garcia:
I write to inform you that the Court has granted the People's second request for an extension of our time to respond to your pro se petition for a writ of error coram nobis. As such, the previous return date of February 7, 2022, has been extended to April 4, 2022.
Respectfully submitted, Shera Knight
Assistant District Attorney
Re: People v. Pablo Garcia
Indictment Number: 2650/2009
Your Honor:
I am the Assistant District Attorney assigned to respond to the above-referenced defendant's pro se petition for a writ of error coram nobis. Currently, the return date is scheduled for April 4, 2022.
I filed my opposition today, but unfortunately, I was unaware that it had to be filed by 10:00 a.m. Accordingly, I am respectfully requesting a one-week extension of time to April 11, 2022.
Respectfully submitted, Shera Knight
Assistant District Attorney
Re: People v. Pablo Garcia
Indictment Number: 2650/2009
Dear Mr. Garcia:
I write to inform you that the Court has granted the People's request for an extension of our time to respond to your pro se petition for a writ of error coram nobis. As such, the previous return date of April 4, 2022, has been extended to April 11, 2022.
Respectfully submitted, Shera Knight
Assistant District Attorney