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United States v. Cherry

April 7, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES RAYMOND CHERRY, DEFENDANT.



The opinion of the court was delivered by: Hon. Marianne O. Battani

ORDER GRANTING DEFENDANT'S REQUEST FOR EXTENSION OF TIME TO FILE HIS TRAVERSE/REPLY TO RESPONDENT'S RESPONSE

This matter is before the Court on Defendant's request for additional time in which to file his reply brief (Doc. No. 176) to his Motion to Vacate Sentence Under 28 U.S.C. § 2255. The Court GRANTS Defendant's motion for the reasons that follow.

Defendant James Cherry's reply is due on or before April 9, 2010. According to Cherry, he is unable to file a reply in compliance with the deadline because of his limited access to the law library and because of his limited access to legal assistance. He asks the Court for a forty-five day extension.

Under the Federal Rules of Civil Procedure, when a party is required to act within a specified time, the court may, "for good cause," extend the time. FED. R. CIV. P. 6(b).

Defendant has provided a sufficient basis to show that additional time is needed.

Accordingly, the motion is GRANTED. Defendant must file his reply on or before May 25, 2010.

IT IS SO ORDERED.

MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE

20100407

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