Armenia Cudjo, Jr. v. Robert Ayers, Jr.

Filing 37

Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to extend time to file Reply brief until 09/01/2010. Date of service: 08/11/2010. [7436971] (MRD)

IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

ARMENIA LEVI CUDJO, JR.,
v.

Petitioner-Appellant,

VINCENT CULLEN, Warden,
Respondent-Appellee.

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) CA No. 08-99028
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) D.C. No. CV-99-08089-JFW
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APPELLANT’S UNOPPOSED SECOND MOTION FOR EXTENSION
OF TIME TO FILE REPLY BRIEF
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA
HONORABLE JOHN F. WALTER
United States District Judge
SEAN K. KENNEDY
Federal Public Defender
MARK R. DROZDOWSKI
JOHN LITTRELL
Deputy Federal Public Defenders
321 East 2nd Street
Los Angeles, California
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner-Appellant
ARMENIA LEVI CUDJO, JR.

IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARMENIA LEVI CUDJO, JR.,
v.

)

Petitioner-Appellant,

VINCENT CULLEN, Warden,
Respondent and Appellee.

) CA No. 08-99028
)
) D.C. No. CV-99-08089-JFW
)
)
)
)
)
)

APPELLANT’S UNOPPOSED SECOND MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF
Petitioner-Appellant Armenia Levi Cudjo, Jr. hereby requests an extension
of 14 days, to and including September 1, 2010, to file and serve his reply brief.
This request is made under Rule 31 of the Federal Rules of Appellate Procedure
and Circuit Rule 31-2.2(b), and is based on the attached Declaration of Mark R.
Drozdowski.
Dated: August 11, 2010

Respectfully submitted,
SEAN K. KENNEDY
Federal Public Defender
By /s/ Mark R. Drozdowski
MARK R. DROZDOWSKI
Deputy Federal Public Defender
Attorneys for Petitioner-Appellant
ARMENIA LEVI CUDJO, JR.

DECLARATION OF MARK R. DROZDOWSKI
I, Mark R. Drozdowski, declare:
1.

I am an attorney licensed to practice law in the State of California and

I am admitted to practice in this Court. I am a deputy federal public defender with
the Office of the Federal Public Defender for the Central District of California
(“FPD”). I am also the chief of the FPD’s capital habeas unit (“CHU”), and as
such am responsible for overseeing the CHU’s 19 attorneys and its caseload of
about 69 federal capital habeas cases (including two 28 U.S.C. § 2255 actions),
roughly 32 federal noncapital habeas cases and direct appeals, and federal trial
work. Deputy Federal Public Defender John Littrell and I represent Armenia Levi
Cudjo, Jr., in this appeal. I make this declaration in support of Cudjo’s request for
a 14-day extension of time, to and including September 1, 2010, to file and serve
his reply brief.
2.

Cudjo filed his opening brief on November 20, 2009. Appellee filed

his Answering Brief on June 24, 2010. The original due date for the reply was
July 19, 2010. Cudjo sought and received a 30-day extension of time to file the
reply, making the current due date August 18, 2010. Cudjo now requests an
extension of time of 14 days, to and including September 1, 2010, to file the reply.
The reasons for the request are as follows:
3.

Former Deputy Federal Public Defender Katherine Black worked on a

draft of the reply before leaving the FPD on July 16, 2010 to move out of state.
The draft is incomplete. My management duties have consumed nearly all of my
time since the Answering Brief was filed, and I have not had sufficient time to
complete the reply. My co-counsel, Mr. Littrell, has an active trial caseload, and
will have been out office for about four weeks between the time the Answering
Brief was filed and the current due date for the reply: three weeks for a training

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seminar and vacation, and one week out of the country conducting investigation
(he returns from this trip on or about August 16). As a result, Mr. Littrell has been
unable to spend much time on Cudjo’s reply.
4.

For the reasons stated above, and despite diligent efforts, counsel for

Cudjo have not been able to complete, and will not be able to complete, the reply
brief by the current August 18, 2010, due date. I respectfully request a 14-day
extension of time, to and including September 1, 2010, to file and serve the reply
brief.
5.

I have exercised diligence and will file the reply and any

supplemental excerpts within the time requested. The court reporter is not in
default with regard to any designated transcripts.
6.

On August 11, 2010, I spoke with Bill Bilderback, counsel for

Appellee, informing him that I intended to file this extension request. He replied
that Appellee does not oppose the request.
I declare under penalty of perjury under the laws of the United States that
the foregoing is true and correct. Executed on August 11, 2010 at Los Angeles,
California.
/s/ Mark R. Drozdowski
MARK R. DROZDOWSKI

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CERTIFICATE OF SERVICE
I hereby certify that on August 11, 2010, I electronically filed the foregoing
with the Clerk of the Court for the United States Court of Appeals for the Ninth
Circuit by using the appellate CM/ECF system.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the appellate CM/ECF system.

By /s/ Mark R. Drozdowski
MARK R. DROZDOWSKI
Deputy Federal Public Defender