Unopposed MOTION for Extension of Time to Respond to Motion Defendants § 2255 Motion (Re:… — USA v. Thomas (Dkt. 154)

Record facts

U.S. District Court for the Northern District of Oklahoma · No. 4:21-cr-00239-GKF · Doc. 154 · 2022-09-21 · Docket on CourtListener

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UNITED STATES DISTRICT COURT FOR THE 
 
NORTHERN DISTRICT OF OKLAHOMA 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
ALETA NECOLE THOMAS, 
 
Defendant. 
 
 
 
 
    Case No. 21-CR-239-GKF 
 
Government’s First Unopposed Motion for Extension  
of Time to Respond to Defendant’s § 2255 Motion 
 
The government respectfully requests an extension of time until November 1, 
2022, to file its response to the motion by the defendant, Aleta Necole Thomas to 
vacate, set aside or correct her conviction, pursuant to 28 U.S.C. § 2255. (Dkt. 
# 125). In support, the government states as follows: 
1. The government’s response is currently due on September 29, 2022. This is the 
first extension of time requested by the government.   
2. Counsel for defendant does not oppose this motion. On June 7, 2022, this 
Court sentenced Thomas to 30 months of imprisonment for Counts 3 and 4 to run 
concurrently. Ms. Thomas is currently incarcerated. 
3. The government seeks an extension of time for the following reasons: 
a. On July 13, 2022, Thomas submitted a § 2255 motion seeking to vacate her 
conviction based upon claims that her attorney, Keith Ward, rendered 
ineffective assistance of counsel at Thomas’s sentencing. (Dkt. # 125). 
Case 4:21-cr-00239-GKF     Document 154 Filed in USDC ND/OK on 09/21/22     Page 1 of 3

 
 
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b. Counsel has contacted Mr. Ward, to request a responsive affidavit. Mr. 
Ward indicated that to prepare the requested affidavit, he will require an 
order recognizing that Thomas has waived her attorney-client privilege. 
The government has sought an order from this Court. 
c. On September 20, 2022, Counsel for Ms. Thomas filed an unopposed 
Motion for Extension of Time requesting seven more days to consult with 
Ms. Thomas about the government’s motion for an order recognizing Ms. 
Thomas waived her attorney-client privilege. (Dkt. #152). The Court 
granted this request and set a deadline of September 27, 2022, for Ms. 
Thomas’s Counsel to respond. (Dkt. # 153).     
d. This new deadline is two days before the government’s September 29, 
2022, deadline to respond to Ms. Thomas’s § 2255 Motion.     
e. In addition, Mr. Ward will require at least 10-14 days to review Thomas’s 
allegations regarding ineffective assistance of counsel, retrieve and review 
the extensive case file and draft a responsive affidavit. Undersigned counsel 
will require additional time to review the affidavit and prepare the 
government’s response. 
4. Ms. Thomas will not be prejudiced by this extension of time. 
5. This request is made for good cause and not for the purpose of delay, so that 
the government will have adequate time to properly prepare its response to Ms. 
Case 4:21-cr-00239-GKF     Document 154 Filed in USDC ND/OK on 09/21/22     Page 2 of 3

 
 
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Thomas’s § 2255 motion. 
Wherefore, the United States seeks an extension of time until November 1, 2022, 
to respond to Thomas’s § 2255 motion. 
 
RESPECTFULLY SUBMITTED, 
 
CLINTON J. JOHNSON 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
/s/ Kristin F. Harrington  
 
 
 
  
KRISTIN F. HARRINGTON, OBA No. 21185 
Assistant United States Attorney 
110 West Seventh Street, Suite 300 
Tulsa, Oklahoma 74119 
T: (918) 382-2785 │ F: (918) 560-7938 
Email: kristin.harrington@usdoj.gov 
 
 
Certificate of Service 
I certify that on September 21, 2022, I electronically transmitted the foregoing to 
the Clerk of the Court using the ECF System for filing to the following ECF 
registrants. 
 
Matthew Chivari 
Murdock Walker, II 
Counsel for Aleta Necole Thomas 
 
 
 
 
 
 
 
/s/ Kristin F. Harrington  
 
 
 
 
 
 
 
 
 
Kristin F. Harrington 
 
 
 
 
 
 
Assistant United States Attorney 
Case 4:21-cr-00239-GKF     Document 154 Filed in USDC ND/OK on 09/21/22     Page 3 of 3

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