UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Guillermo Villa, rams Petitioner y No. 1: 22-CV-02918 (SHR) (SDA) ~against~ NOTICE OF MOTION

Julia Woleott, Respondent.

PLEASE TAKE NOTICE, that petitioner will move this Court at the United States Courthouse, on a date and at a time to be set by this Court, for an order extending petitioner's time to answer and filing objection to report and recommendation pursuant to 28 USC. § 636[b]{(1).

□ PP PON ESC boar ee PEPYS Oh yi g/l pop Lory Peep Ee Sp □□ [odd □ Wu BOY 28 gap ds | Dated: October 10, 2023 bo ee Se es we ES racket uae □□□ □□□ By Guillermo Villa Attica Correctional Facility Box. 149 □□ , Attica : fen York 14011-0149 GRANTED. Petitioner requests a 60-day extension of time to file his objection to the Report and Recommendation issued by Magistrate Judge Aaron. ECF No. 18. Petitioner’s application was filed on the docket more than one mont the deadline to file objections to the Report. See id. at 18. Nonetheless, in light of Petitioner’s pro se status and the fact th: apparently attempted to submit the extension request eight days after the deadline to do so, the Court will grant requested extension. See ECF No. 19 at 6 (“On or about October 10th 2023, I filed a motion for a Extension of Tim with the Court.”); see also Order, Smith v. State of New York et al., No. 13 Civ. 8423 (NSR) (S.D.N.Y. Jan. 25, 2017 No. 41 (granting petitioner “an extension of 75 days” to file objections to report and recommendation); Dickerson v. □□□□ Civ. 8024 (PAE) (FM),

, at *1 n.2 (S.D.N.Y. June 25, 2013) (“On March 9, 2013, one month after the was issued, [petitioner] sent a letter to the Court requesting an extension of time to file his objections. The Court grantec until April 30, 2013. On May 3, 2013, the Court received a letter from [petitioner] . . . . [and the Court] granted another extension, until May 30, 2013, to file his objections.”). of Court is directed to terminate ECF No. 19. The Clerk of Court is further directed to mail a copy of this Order to p

Rep Geb pk ie ge be VA UNITED STATES DISTRICT COURT PELE aces LE FF] Wo MY 22 2585 teh loot A | SOUTHERN DISTRICT OF NEW YORK rh “pe IT Co eb chet Aud dave | Guillermo Villa, heen eel Petit toner, No. 1:22-CV-02918(JHR)(SDA) -against- MOTTON FOR EXTENTION OF TIME TO ANSWER AND Julia Wolcott, FILE, OBJECTIGN TO REPORT Respondent. AND RECOMMENDATION

I Guillermo Villa, an incarcerated individual at the Attica Correctional Facility in the State of New York and before this Court, declare under penalty of perjury, pursuant to 28 USC. §$ 1746, that: 1. I am Guillermo Villa, an incarcerated individual at the Attica Correctional Facility Box 149 Attica, New York 14011-0149 and I am the petitioner in this habeas corpus proceeding.

2. Petitioner has filed a habeas corpus petition pursuant to

, stating that I am being held in the state custody in violation of my federal constitutional rights. Petitioner is incarcerated pursuant to a New York State judgement rendered on April 23.2014, petitioner was convicted in the New York State Supreme Court, Bronx County (Massare,J.) of Murder in the Second Degree (Penal Law 125.25[1]) and Criminal Possession of a Weapon in the Second Degree (Penal Law § 265.03[1](b). The court sentence him, as a second felony offender, to a prison term of twenty-five years to life on the murder count and to a concurrent prison term of fifteen years, to be followed by five years of post-release supervision, on the weapon count. Petitioner is currently serving his prison sentence.

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3. Pursuant to this Court's order of September 13, 2023 stating that the parties shall tiave fourteen (14) days (including weekends and holidays) from service of this report and recommendation to file written objections pursuant to

(b)[1} and rule 72(b) of the Federal Rules of Civil Procedure. See also Fed. R. Civ. P. 6(a),(d) (adding three additional days when service is made under Fed. R. Civ. P. S(b)[2](c), (d) or Cf). A party may respond to another party's objections within fourteen days after being served with a copy. Fed. R. Civ. P. 72Cb)£2]. Such objections, and any response to objections, shall be filed with the clerk of the Court. See

(b)f1]; Fed. R. Civ. P. 6(a), 6(d). Any requests for an extension of time for filing objection must be addressed to judge Rearden.

4. For the pursuant order stated in the above paragraph and the Attica Correctional Facility constrictions of time due to population high demand on callout to the facility law library and security issues for which callout are not guarantee, I petitioner Mr.Guillermo Villa is requesting an extension of time in order to provide a complete objections to this report and recommendation.

5. Petitioner is Pro-se therefore, asking this Court to grant me the extension of time 60 days.

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6. WHEREFORE, for the foregoing reasons, petitioner respectfully requests that tte Court extend the time for responding to the NOTICE OF PROCEDURE FOR FILING OBJECTIONS TO THIS REPORT AND RECOMMENDATION to December 10, 2023.

Dated: October 10, 2023 .

Respectfully Submitted, Guillermo Villa, 14-A-1998 Pro-se. . Attica Correctional Facility Box 149 Attica, New York 14011-0149

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DECLARATION OF SERVICE

Guillermo Villa, pursuant to

, declare under penalty of perjury as follows: that on October 10,2023 I served motion for extension of time to responding to the notice of procedure for filing objections to this report and recomendation, by having it mailed to respondent at the following address :

T. Charles Won (TW 1121) District Attorney Bronx County 198 Hast 161st Street Bronx, New. York 10451

Fxecuted on October 10, 2023

. Guillermo Villa, 14-A-1998 Pro-se, Attica Correctional Facility Box 149 . Attica, New York 14011-0149

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To: Clerk

From: Guillermo Villa No:41:22-CV-02918(JHR) (SDA) Attica Correctional Facility . P.O.Box 149 PLES) pm Ox pel me Pee / LD) [s ip fou i py Attica New York 14011-0149 (| } } pny) □□ fy. AS ef 210, □□ ; if i i i if 4 Be, mo □□ □ oe SE eye Re: Motion For Extension of Time Pg Ba Be □ So □□ □□□ On or about October 10th 2023, I filed a motion for a Extension of Time for objections with the Court. It has been a month and 11 days and stil! have heard a reply from the Court yet. Being that this Facility sometimes play with incarcerated Individuals mail I'm writing for an update on the status of my motion. And Also sending a copy against: just in case the motion never made it to the Court. See Attached.

Sorry for adding to your already busy day.

Dated:November 21st 2023 . ei éfully Subaitigd □□□

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