Pennington v. United States of America

District of New Mexico, nmd-2:2012-cv-00536

ORDER by Magistrate Judge Gregory B. Wormuth granting {{6}} Motion for Extension of Time to File Response/Reply

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff, v. No. CV 12‐536 RB/GBW CR 11‐345 RB JON DEE MICAH PENNINGTON, Defendant. O R D E R This matter comes before the Court on Defendant's motion for an extension of time to file a response to Plaintiff motion for relief under 28 U.S.C. 2255. Doc. 6. Defendant requests that the Court extend his deadline to file a response from June 18 to July 18, 2012. Id. ¶ 1. Defendant argues that this time is necessary in order to obtain an affidavit from Plaintiff's trial counsel. Id. ¶¶ 1, 4. Defendant asserts that Plaintiff is serving a sixty (60) month sentence, and that a thirty day delay will not prejudice him. Id. ¶¶ 3, 4. The Court finds the motion well‐taken and will therefore grant it. Wherefore, IT IS HEREBY ORDERED that Defendant's deadline to file a response to Plaintiff's motion, (doc. 2), is granted. The new deadline is July 18, 2012. ______________________________________ GREGORY B. WORMUTH UNITED STATES MAGISTRATE JUDGE