Opinion
97 Civ. 3303 (VM) (HBP).
April 28, 2000.
Mr. Richard Brown # 88-A-8659
Nancy D. Killian, Esq. Assistant District Attorney
MEMORANDUM OPINION AND ORDER
Treating the attached letter as a motion for an extension of time to file a reply, the motion is denied. Respondent's supplemental opposition to the amended petition was served and filed in November, 1999; any reply would have been due in December, 1999. Since petitioner offers no explanation for his four and one-half month delay in serving a reply, a further extension of time is not warranted.
In light of petitioner's pro se status and the additional fact that he is incarcerated, copies of his original and amended petition, his request for assignment of counsel and respondent's opposition papers are enclosed with a copy of this Order being sent to petitioner.
SO ORDERED
Dear Judge Pitman,
Please be advised that I have been transfered, from Elmira Correctional Facility, to Sing Sing Correctional Facility.
In the process of my transfer, a majority of my documents regarding the aforementioned captioned matter have been lost and have not as yet been located by the respective institutions.
At this time I would request that this Honorable court provide exact copies, and that the court grant me an extention enlargement of time to reply to your latest decision regarding this mattel, and the deniel of assigned counsel, as well as the papers filed by the district attorney office in opposition to my Amended Petition.
I am in need of the following:
1). Copy of my original petition for my Habeas Corpus
2). All copies of the rebuttles addressing the district Attorneys oppositions.
3). Copy of the petitioner's Amended Petition on ineffective assistance of appellate counsel.
4). Copy of petitioner's request for Assignment of counsel.
And if at all possible, an "attested to" copy of my trial minutes, in order to better refute in an informed manner, some of the points the district attorney erroneously states in his/her opposition to my Amended petition.
I thank you in advance for your time and understanding and any consideration that may be deem by this Honorable Court, in the interest of justice.