Opinion
Case No. 10-CV-0693-GEB-CMK
09-20-2011
AARON AUGUSTINE HEREDIA, Petitioner, v. MICHAEL MARTEL, Warden, Respondent.
JOHN R. DUREE, JR. Attorney for Petitioner AARON AUGUSTINE HEREDIA
JOHN R. DUREE, JR., INC.
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Attorneys for Petitioner
AARON AUGUSTINE HEREDIA
APPLICATION AND STIPULATION TO
ENLARGE TIME FOR PETITIONER TO
FILE TRAVERSE; ORDER
I was retained in early July, 2011 to prepare the traverse in this matter (petitioner filed his petition for writ of habeas corpus pro se). Prior to preparing the traverse it is necessary that I review the record on appeal, including the reporter's transcript of the trial proceedings, which consists of 796 pages, and the briefing on appeal, in addition to the petition. Further, I must also review the papers and documents contained in trial counsel's file to ensure that all potentially meritorious habeas issues have been raised, and conduct any necessary research. I have not yet completed this review and preparation of the traverse. Thus, I request an additional 90 days from the current due date for filing the traverse of September 19, 2011 to prepare and file the traverse, to December 19, 2011.
On September 12, 2011, my associate, Erin J. Radekin, communicated with Jill Thayer, attorney representing respondent in this case, via email. Ms. Thayer stated that she has no opposition to the request for an enlargement of time by 90 days.
Accordingly, application is being made to the Court pursuant to agreement among the parties that the deadline for petitioner to file the traverse be enlarged to December 19, 2011.
Respectfully submitted,
JOHN R. DUREE, JR.
Attorney for Petitioner
AARON AUGUSTINE HEREDIA
IT IS SO ORDERED.
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE