Eckles v. USA

Filing 16

ORDER dismissing as moot 11 Petitioner's Motion to Deny Government's Fourth Extension. Signed by District Judge Richard Voorhees on 3/4/11. (Pro se litigant served by US Mail.)(smj)

Eckles v. USA

Doc. 16

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:09cv137-V-02 (5:05cr09-05-V)

DARLENE ECKLES,

) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA,) ) Respondent. ) ______________________________)

ORDER

THIS MATTER comes before the Court on Petitioner's Motion to Deny Government's Fourth Extension, filed December 6, 2010 (Doc. No. 11). Petitioner objects to Respondent's most recent Motion for an Extension of Time (Doc. No. 9), arguing, in relevant part, that her claim of ineffective assistance of counsel can be verified by documents in the Court's record. (Id. at 1). Therefore, Petitioner asks the Court to deny the subject Motion and immediately rule on her § 2255 Motion. (Id.). However, the Court's records reflect that Respondent has filed three, not four, Motions for Extensions of time. (Doc. Nos. 4, 8 and 9). More critically, those records also reflect that the Court already has granted the Government's most recent Motion for an Extension of Time. (Doc. No. 10). In addition, the record reflects that since the time that Petitioner filed this Motion, Respondent timely has filed its response to her Motion to Vacate. (Doc. No. 12). Therefore, Petitioner's Motion to Deny Government's Fourth Extension will be dismissed as moot. NOW, THEREFORE, IT IS ORDERED that Petitioner's Motion to Deny Government's Fourth Extension (Doc. No. 11) is DISMISSED as moot.

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SO ORDERED. "Motion For Leave To File Amended Signed: March 4, 2011