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Title: Mariano Martinez. v. United States

August 24, 2012

TITLE: MARIANO MARTINEZ.
v.
UNITED STATES



The opinion of the court was delivered by: The Honorable David O. Carter, Judge

CIVIL MINUTES -- GENERAL

PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE

Julie Barrera N/A Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS): GRANTING IN PART MOTION TO

RECONSIDER

Before the Court is a Motion for Reconsideration of Order re Enlargement of Time filed by counsel for Petitioner Mariano Martinez ("Petitioner") (Dkts. 37, 40). The Court GRANTS IN PART and DENIES IN PART the Motion.

I.Background:

On October 3, 2005-almost seven years ago-Petitioner's conviction became final because the U.S. Supreme Court denied Petitioner's appeal. On October 6, 2006, Petitioner then filed a motion to vacate or set aside his sentence pursuant to 28 U.S.C. § 2255 (Dkt. 1). On September 13, 2007, the Court appointed Petitioner's counsel, Lisa M. Bassis, because such appointment was: (1) represented to the Court as facilitating "a more expeditious review of the relevant materials"; (2) stipulated to by all parties, including Defendant United States; and (3) recommended by the Public Defender's office. See September 13, 2007 Order.

Those representations and recommendations have not been fulfilled by appointment of Petitioner's counsel. Rather, this Court has been forced to issue three orders to show cause why this case should not dismissed for lack of prosecution, as well as orders requiring Petitioner's counsel to set due dates for her work product. Specifically:

* On June 5, 2009, the Court issued an Order to Show Cause re Dismissal for Lack of Prosecution (Dkt. 18).

* On February 9, 2010, the Court issued an Order to Show Cause re Dismissal for Lack of Prosecution (Dkt. 21).

* On June 20, 2011, the Court ordered Petitioner's counsel to respond to the government's discovery requests within 90 days or show good cause for the continued ...


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