Skakel v. Murphy
MOTION for Extension of Time until 30 days after the Connecticut Supreme Court's ruling on his Motion for Reconsideration to file proceeding in state court by Michael C. Skakel. (Kuwaye, Sandra)
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MICHAEL C. SKAKEL Petitioner, v. PETER J. MURPHY, Respondent. : : : : : APRIL 23, 2010 Case No. 3:07 CV 1625 (PCD)
MOTION FOR EXTENSION OF TIME TO COMPLY WITH COURT'S ORDER Pursuant to Rule 7(b) of the Local Rules of Civil Procedure for the District of Connecticut, the Petitioner hereby requests an extension of time within which to comply with the Court's July 27, 2009 order regarding his Motion to Stay. The grounds for this motion are as follows: 1. On January 8, 2009, the Petitioner filed a Motion to Amend his habeas
petition, seeking to add claims that had not yet been exhausted in state court (Grounds Six through Twelve). Several of these claims were the subject of a pending case before the Connecticut Supreme Court in the matter of Skakel v. State, Docket No. S.C. 18158 (Grounds Six through Nine). Other claims in the proposed amended petition had not yet been presented to any state court (Grounds Ten through Twelve). 2. On January 8, 2009, the Petitioner also filed a Motion to Stay, seeking a
stay of the instant matter in order to afford him time to exhaust the new claims asserted in the amended petition. 3. On July 27, 2009, this Court granted the Petitioner's request to amend his
petition to add the unexhausted claims. The Court also granted the Petitioner's Motion to Stay. In its ruling, the Court stayed the case and ordered that if the Connecticut
Supreme Court issued its ruling in Skakel v. State, Docket No. S.C. 18158 upholding the denial of the Petitioner's Motion for New Trial, the Petitioner was required to file an action in the state court to exhaust Grounds Ten through Twelve within thirty (30) days of the Supreme Court's ruling. See Ruling, July 27, 2009 (Doc. # 71). The Petitioner was then to notify the Court ten (10) days after all of the claims alleged in the amended petition had been exhausted. 4. The Connecticut Supreme Court issued its decision in Skakel v. State,
Docket No. S.C. 18158, on April 12, 2010, upholding the denial of the Petitioner's Motion for New Trial. Thus, pursuant to the terms of the Court's July 27, 2009 order, the Petitioner would be required to commence an action in state court by May 12, 2010 to exhaust Grounds Ten through Twelve of his amended petition. 5. However, the Petitioner plans to file a Motion for Reconsideration of the
Connecticut Supreme Court's ruling in Skakel v. State, Docket No. S.C. 18158. Said motion is due on April 30, 2010. 6. Therefore, the Petitioner respectfully requests that the thirty (30) day time
period within which to commence an action in state court to exhaust Grounds Ten through Twelve be extended to thirty (30) days after the Connecticut Supreme Court issues its ruling on the Petitioner's Motion for Reconsideration. 7. Counsel for the Respondent, Michael O'Hare, has been contacted and
does not object to this request. WHEREFORE, the petitioner moves this Court for an extension of time of thirty days after the Connecticut Supreme Court's ruling on his Motion for Reconsideration
within which to commence an action in state court to exhaust Grounds Ten through Twelve of his Amended Petition.
THE PETITIONER, MICHAEL C. SKAKEL BY /s/__________ ___________ HUBERT J. SANTOS Federal Bar No. ct00069 Email: firstname.lastname@example.org HOPE C. SEELEY Federal Bar No. ct 4863 Email: email@example.com SANDRA SNADEN KUWAYE Federal Bar No. ct 18586 Email: firstname.lastname@example.org SANTOS & SEELEY, P.C. 51 Russ Street Hartford, CT 06106 Tel: (860) 249-6548 Fax:(860) 724-5533
CERTIFICATION I hereby certify that on April 23, 2010, a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by email to all parties by operation of the Court's electronic filing system or by mail on anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF System. Michael O'Hare, Esq. Office of the Chief State's Attorney 300 Corporate Place Rocky Hill, CT 06067 Tel. No. (860) 258-5887 Fax No. (860) 258-5968 E-mail: email@example.com Susann E. Gill, Esq. State's Attorney's Office 1061 Main Street Bridgeport, CT 06604 Tel. No. (203) 579-6506 Fax No. (203) 382-8401 Email: Susann.Gill@po.state.ct.us
_/s/___________________________ HOPE C. SEELEY
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