Emergency Motion for an Extension of Time — USA v. Staveley (Dkt. 128, D.R.I. No. 1:20-mj-00034, docketed in No. 1:20-cr-00074)

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Case 1:20-cr-00074-WES-LDA     Document 128     Filed 01/20/23     Page 1 of 5 PageID #:
1186
1/13/23
page 1
United States District Court
District of Rhode Island

RECEIVED
JAN 20 2023
U.S. DISTRICT COURT
DISTRICT OF R.I.

United States of America
v.
David A. Staveley
Case No. CR-000[illegible]
1:22-CV-00315-MSM

Emergency Motion
to Enlarge Time for Petitioner's Reply to the
Government's Response (ECF: 12[illegible]) to Petitioner's
Renewed Motion to Compel Return of Petitioner's
Property (ECF: 124)

The following motion is presented to the honorable
Court by the Defendant Pro Se. The Defendant was
denied counsel by the Court and he is not an
attorney nor does he have any legal experience.
The Defendant is submitting this motion without
advice of counsel, while incarcerated, while being
denied Court Notifications including; Court Docket,
notices, filings and Court decisions (Sept 15, 2022 -
Dec. 7, 2022) and (December 7, 2022 - January 12, 2023)
totaling over 110 days without notice and the ability
to be heard. Defendant was absent intentionally/knowingly
by the Court in over 40 Court actions. The
Defendant has limited resources while incarcerated
and during Covid-19 protocals additionally limiting
the Defendant's ability to research, communicate,
garner information and/or achieve any level
of equal justice or success in these highly
prejudiced proceedings which are irretrievably tainted.
Case 1:20-cr-00074-WES-LDA     Document 128     Filed 01/20/23     Page 2 of 5 PageID #:
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1:22-CV-00315-MSM

Now Comes Defendant David Staveley and states
as follows:

1. Petitioner filed a renewed (3RD) motion
to Compel the Government to turn over
Petitioner's property held by the Government
and appearing on the inventory of this property
prepared by the FBI.

2. The Government was first ordered to turn
over all Defendant's property on February 4, 2022
per text order of Judge Mary S. McElroy.

3. Petitioner has twice renewed his Motion
to Compel on October 3, 2022 and most
recently on December 14, 2022.

4. On January 12, 2023 Petitioner received the
updated docket from the District Court noting
that replies to the Government's Response (ECF:12[illegible])
were due on January 12, 2023.

5. The envelope from the Court is postmarked
on January 10, 2023 (See Attached) although
the Docket notes the Government's reply was
entered on January 5, 2023. On the rare
occasion that the Petitioner received the
Case 1:20-cr-00074-WES-LDA     Document 128     Filed 01/20/23     Page 3 of 5 PageID #:
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1:22-CV-00315-MSM

5. (cont) Docket, only twice since September
15, 2022, the Petitioner had to file motions
(emergency) to allow time to respond and
be heard. This can no longer be regarded
as an oversight.

6. Given the date of receipt of the notice
setting the date for a reply it is impossible
for Petitioner to file his response in a
timely manner.

7. The matter is not moot even though the
Government has finally returned Petitioner's
drivers license, which was in the wallet
not returned, as the rest of his property
has yet to be returned. The inconsistency
and ongoing double talk in AUSA Vilker's
opposition (ECF:101) (ECF:125) demonstrates
his lack of integrity and honesty to
the Court which was previously displayed
in Defendant's Motion (ECF:102) and the
subsequent reply by Vilker (ECF:103). The
Court although knowingly clear the Government
is in Contempt has given AUSA Vilker another
pass.

8. Petitioner requests an extension of time
Case 1:20-cr-00074-WES-LDA     Document 128     Filed 01/20/23     Page 4 of 5 PageID #:
1189
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1:22-CV-00315-MSM

8. (cont) to reply for a period of ten
(10) days.

Now, therefore Petitioner requests that
the Court allow the Petitioner to file his
reply to the Government (ECF:125) by January
23, 2023.

Respectfully Submitted
[signature]
David A. Staveley
Pro Se
Case 1:20-cr-00074-WES-LDA     Document 128     Filed 01/20/23     Page 5 of 5 PageID #:
1190
54 Attachment 1
1/13/23
Case No.
CR-00074-MSM
1:22-CV-00315-MSM
[illegible]avid Staveley
[illegible]4230049
[illegible]MC DEVENS - Satellite Camp
[illegible].O. Box 879
[illegible]yer, MA 01432
[illegible]TED STATES DISTRICT COURT
OFFICE OF THE CLERK
[illegible]ENCE, RHODE ISLAND 02903-1779
OFFICIAL BUSINESS
[illegible]


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