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

Filing 40

Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Reply brief until 09/15/2010. Date of service: 09/08/2010. [7467444] (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 FOURTH 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.

)

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

Petitioner-Appellant,

VINCENT CULLEN, Warden,
Respondent and Appellee.

APPELLANT’S UNOPPOSED FOURTH MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF
Petitioner-Appellant Armenia Levi Cudjo, Jr. hereby requests a one-week
extension of time, to and including September 15, 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: September 8, 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.

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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 20 attorneys and its caseload of
about 69 federal capital habeas cases (including two 28 U.S.C. § 2255 actions) and
roughly 33 federal noncapital habeas cases. 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 one-week extension of time, to and
including September 15, 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. He then sought and received a two-week extension, making the due date
September 1, 2010. On August 25, he filed a request for a one-week extension of
time, to and including September 8, 2010, to file the reply. The Court has not
issued an order on that request. Cudjo now makes another request for a one-week
extension, to and including September 15, 2010, to file his reply and any
supplemental experts of record. 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 the majority of
my time since the Answering Brief was filed. Since I filed the prior extension
request on August 25, I have also spent a considerable amount of time conducting

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research for Respondent’s Brief in Cullen v. Pinholster, Case No. 09-1088, a case
before the United States Supreme Court. Petitioner filed his opening brief on
August 9, 2010; our Respondent’s brief is due to be filed by September 20; and I
have been assisting Federal Public Defender Sean Kennedy in preparing a
response to the opening brief. Since August 25, I have also spent numerous hours
on attorney recruiting, hiring and training in our unit, more so than usual. For
these reasons, I have not had sufficient time to complete Cudjo’s reply. My cocounsel, Mr. Littrell, has an active trial caseload, and has been out of the office for
about four weeks since the time the Answering Brief was filed. 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 September 8, 2010 due date. I respectfully request a one-week
extension of time, to and including September 15, 2010, to file and serve the reply
brief and any supplemental excerpts of record.
5.

I recognize that this request was not filed at least one week before the

due date for the brief, as per the Court’s rules, but I did not realize that I needed
more time to file the brief until the one week had passed. As late as yesterday, I
still hoped to be able to complete and file the brief by September 8, but I cannot do
so given my other obligations discussed above. I appreciate the Court’s patience
and understanding in granting the prior extension requests. I am sorry to ask for
another extension, but I do not feel that I can meet my obligations to my client in
this capital habeas appeal without more time to complete the brief. A one week
extension will give me the time I need to complete and file the brief. If the Court
grants this and the prior extension request, Cudjo will have received an additional
58 days total to file his reply.

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6.

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.
7.

I telephoned Bill Bilderback, counsel for Appellee, on

September 8, 2010, and informed him that I would be making this extension
request and the reasons therefore. He told me 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 September 8, 2010 at Los Angeles,
California.

/s/ Mark R. Drozdowski
MARK R. DROZDOWSKI

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CERTIFICATE OF SERVICE
I hereby certify that on September 8, 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