Apelt, et al v. Schriro, et al

Filing 280

ORDER that Petitioner's 278 motion for an extension of time to file his merits brief is GRANTED IN PART. Petitioner shall have until 06/13/11, to file his brief on the merits of his claims. Signed by Chief Judge Roslyn O Silver on 05/09/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Apelt,

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Petitioner,
vs.

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Charles L. Ryan, et al.,
Respondents.

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) No. CV-98-0882-PHX-ROS
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) DEATH PENALTY CASE
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ORDER
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Pending before the Court is Petitioner’s unopposed motion for a 60-day extension of

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time to file his merits memorandum. (Doc. 278.) The present motion asserts that counsel

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and co-counsel will be unable to timely complete the merits memorandum due to their heavy

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caseload and their concurrent responsibilities on these cases.

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Because Respondents do not oppose the request, the Court will allow a brief extension

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of time. However, the protracted nature of this case counsels this Court to carefully consider

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all motions requesting extensions of time so that resolution of this case may be finally

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accomplished.

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Accordingly,

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IT IS HEREBY ORDERED that Petitioner’s motion for an extension of time to file

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his merits brief (Doc. 278) is GRANTED IN PART. Petitioner shall have until June 13,

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2011, to file his brief on the merits of his claims.

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DATED this 9th day of May, 2011.

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