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Defendant Emmet Bowens' Unopposed Motion for an Enlargement of the Deadline — Case 6:21-cr-141

Summary

Document 56, filed May 20, 2022 in Case No. 6:21-cr-141-RBD-EJK in the U.S. District Court for the Middle District of Florida, Orlando Division, is the defendant's unopposed motion in United States of America v. Emmet Bowens to enlarge the deadline for the court-appointed psychiatrist's competency report. Counsel Andrew C. Searle states that Dr. Danziger is scheduled to evaluate Mr. Bowens on June 15, 2022, one day before the June 16, 2022 report deadline set in Doc. 55. The motion says Dr. Danziger's office needs ten more days after the evaluation. It asks that the report be due June 27, 2022 and that the parties' notices on a competency hearing be due within seven days after that date. The motion cites Fed. R. Crim. P. 45(b)(1)(A) and notes that trial was continued to the term beginning September 5, 2022.

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“Defendant Emmet Bowens' Unopposed Motion for an Enlargement of the Deadline — Case 6:21-cr-141.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-56-0-2cc5100fa0/, SHA-256 68dc07ea5c7abc777cc67f45c3626b373e8eefba1198c0159fafff46026da78d.

Full text

Case 6:21-cr-00141-RBD-NWH     Document 56    Filed 05/20/22   Page 1 of 5 PageID 164




                       UNITED STATES DISTRICT COURT
                        MIDDLE DISTRICT OF FLORIDA
                            ORLANDO DIVISION


 UNITED STATES OF AMERICA,             )
                                       )
       Plaintiff,                      )
                                       )
 v.                                    )     Case No. 6:21−cr−141−RBD−EJK
                                       )
 EMMET BOWENS,                         )
                                       )
       Defendant.                      )
                                       )

      DEFENDANT EMMET BOWENS’ UNOPPOSED MOTION FOR
       AN ENLARGEMENT OF THE DEADLINE FOR THE COURT-
   APPOINTED PSYCHIATRIST TO SUBMIT HIS COMPETENCY REPORT

       The Defendant, Emmet Bowens (“Mr. Bowens”), by and through the

 undersigned counsel, hereby respectfully moves for an enlargement of the

 deadline for Jeffrey A. Danziger, M.D. (“Dr. Danziger”) to submit his competency

 report to the Court, pursuant to Fed. R. Crim. P. 45(b)(1)(A). Specifically, Mr.

 Bowens requests an extension of the deadline for Dr. Danziger to submit his report

 to June 27, 2022. In support thereof, Mr. Bowens states as follows:
Case 6:21-cr-00141-RBD-NWH       Document 56   Filed 05/20/22   Page 2 of 5 PageID 165




                              STATEMENT OF FACTS

         Relevant Procedural History

         1.    On May 6, 2022, Mr. Bowens filed an Unopposed Motion for a

 Hearing and Out-Patient Examination to Determine Mental Competency (“the

 competency motion”). Doc. 47.

         2.    On May 16, 2022, the Court granted the competency motion and

 appointed Dr. Danziger to perform a competency evaluation of Mr. Bowens. Docs.

 52, 55. The Court further directed that Dr. Danziger’s competency report “must

 be submitted to the Court on or before June 16, 2022,” and within 7 days thereafter,

 the parties are required to file notices indicating whether a competency hearing,

 or some other related proceeding, should be scheduled. Doc. 55.

         3.    Mr. Bowens has his competency evaluation scheduled with Dr.

 Danziger for June 15, 2022, at 1:00 p.m. Dr. Danziger’s office has informed the

 undersigned that Dr. Danziger will need an additional ten (10) days after the

 evaluation to submit his competency report to the Court.

         4.    The trial of this matter has been continued to the trial term

 commencing on September 5, 2022. Doc. 51.

         5.    Based on the foregoing, Mr. Bowens requests an enlargement of the

 deadline for Dr. Danziger to submit his competency report to the Court to June 27,

 2022.    Further, Mr. Bowens requests an extension of the attendant deadline to


                                          2
Case 6:21-cr-00141-RBD-NWH     Document 56    Filed 05/20/22   Page 3 of 5 PageID 166




 submit his notice concerning whether a competency hearing, or some other related

 proceeding, should be scheduled to within seven (7) days after the proposed June

 27, 2022 deadline.

                           MEMORANDUM OF LAW

       Pursuant to Rule 45(b) of the Federal Rules of Criminal Procedure, “when

 an act must or may be done within a specified period,” the court may extend the

 time for good cause, upon a party’s motion made before the originally prescribed

 or previously extended time expires. See Fed. R. Crim. P. 45(b)(1)(A). Here, the

 time for the submission of Dr. Danziger’s report to the Court has not expired. As

 noted above, Dr. Danziger’s report is currently due on June 16, 2022, while the

 evaluation of Mr. Bowens has been scheduled for June 15, 2022. Thus, additional

 time is requested so that Dr. Danziger has more than a single day to complete his

 report and submit it to the Court.

       Mr. Bowen’s trial is not scheduled to commence until September 5, 2022.

 Thus, the extensions requested herein should not cause undue delay of the

 proceedings in this case. In sum, good cause justifies the extension of time

 requested herein.

      CERTIFICATION OF CONFERRING WITH OPPOSING COUNSEL

       Pursuant to the Court’s Criminal Scheduling Order (Doc. 16), the

 undersigned certifies: (1) that the undersigned counsel conferred with opposing


                                        3
Case 6:21-cr-00141-RBD-NWH     Document 56     Filed 05/20/22   Page 4 of 5 PageID 167




 counsel; (2) that the motion is unopposed; and (3) that the motion concerns matters

 not covered by the scheduling order.

                                  CONCLUSION

       WHEREFORE, the Defendant, Emmet Bowens, requests that this Court

 enter an Order: (1) enlarging the deadline for Jeffrey A. Danziger, M.D. (“Dr.

 Danziger”) to submit his competency report to the Court to June 27, 2022; and (2)

 enlarging the deadline for the parties to file their separate notices indicating

 whether a competency hearing, or some other related proceeding, should be

 scheduled to within seven (7) days after June 27, 2022.

       Respectfully submitted on this 20th day of May, 2022.

                                             s/Andrew C. Searle
                                             ANDREW C. SEARLE, ESQ.
                                             Florida Bar No. 0116461
                                             SEARLE LAW P.A.
                                             200 East Robinson Street, Suite 1150
                                             Orlando, Florida 32801
                                             Telephone: 407-203-3715
                                             Email: andrew@searle-law.com
                                             Attorney for Defendant




                                         4
Case 6:21-cr-00141-RBD-NWH       Document 56     Filed 05/20/22   Page 5 of 5 PageID 168




                             CERTIFICATE OF SERVICE

       I HEREBY CERTIFY on May 20, 2022, I filed a copy of the foregoing with the Clerk

 of the Court via the CM/ECF system. I further certify that all parties to this case are

 equipped to receive service of documents via that system.

                                               s/Andrew C. Searle
                                               ANDREW C. SEARLE, ESQ.
                                               Florida Bar No. 0116461
                                               SEARLE LAW P.A.
                                               200 East Robinson Street, Suite 1150
                                               Orlando, Florida 32801
                                               Telephone: 407-203-3715
                                               Email: andrew@searle-law.com
                                               Attorney for Defendant




                                           5


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