Motion for Extension of Time to File Response/Reply as to 46 Motion — USA v. Lattany (Dkt. 57, D. Colo.)

Record facts

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 57 · 2023-12-08 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
 
Criminal Case No. 23-cr-00074-NYW 
Civil Case No. 23-cv-03024-NYW 
 
UNITED STATES OF AMERICA, 
 
 
Plaintiff-Respondent, 
 
v.  
 
DEJANE REANIECE LATTANY, 
 
 
Defendant-Movant. 
 
 
UNITED STATES’ MOTION FOR EXTENSION OF TIME TO RESPOND  
 
 
The United States of America respectfully moves for a 30-day extension of 
time—up to and including January 17, 2024—to file its response to Dejane Reaniece 
Lattany’s motion to vacate under 28 U.S.C. § 2255.  
An extension of time is warranted because counsel cannot reasonably prepare 
and file the response by the current deadline of December 18, 2023, with the exercise 
of due diligence. This Court set that deadline on November 16, 2023. Doc. 49.  
Since then, counsel was out of the country and unable to work on the response 
for the entire week of November 20, 2023. Counsel has also been working on an 
answer brief in United States v. Curry, No. 23-1047 (10th Cir.), which is due on 
December 15, 2023, and for which counsel has already received two extensions. 
Counsel has also had hearings and/or filings due in United States v. Ford, 11-cr-00303-
REB (D. Colo.) and United States v. Crow, 22-cr-00015-RM (D. Colo).  
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In addition, the motion to vacate here contains over 400 pages of exhibits, which 
is an unusually large number. Accordingly, counsel requires additional time to review 
and analyze these exhibits and consequently respond to the motion. 
Because Lattany is incarcerated and proceeding pro se, counsel has not 
obtained her position on this motion. See D.C. Colo. LCivR 7.1(b)(1). Counsel certifies 
that this motion is not being made for delay or any other improper purpose.  
Thus, the government respectfully requests a 30-day extension of time to file its 
response to Lattany’s motion.   
 
 
Dated:  December 8, 2023  
  
 
Respectfully submitted, 
 
COLE FINEGAN 
United States Attorney 
 
By:  s/ Rajiv Mohan  
 
Rajiv Mohan 
Assistant U.S. Attorney 
U.S. Attorney’s Office 
1801 California Street, Suite 1600 
Denver, CO 80202 
Telephone: 303-454-0100 
Fax:  303-454-0406 
E-mail:  Rajiv.Mohan@usdoj.gov 
 
Attorney for Government
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CERTIFICATE OF SERVICE 
 
 
I hereby certify that on December 8, 2023, I electronically filed the foregoing 
document with the Clerk of Court using the CM/ECF system. I also certify that a copy 
will be placed in the U.S. Mail, postage pre-paid and addressed to the following:  
 
 
Dejane Lattany  
Reg. No 51090-510 
FCI Victorville Medium I 
P.O. Box 3725 
Adelanto, CA 92301                   
 
 
 
 
 
 
         
 
 
 
 
 
 
/s/ Kayla Keiter 
 
 
 
 
 
 
KAYLA KEITER 
 
 
 
 
 
 
 
U.S. Attorney’s Office 
 
 
 
 
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