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.”
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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
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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
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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
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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
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