Habeas 3-9-2015 Amend Foster Letter
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ELIZABETH T. FOSTER, ATTORNEY AT LAW, LLC 22 E. Quackenbush Ave., Dumont, NJ 07628 201 290 5761 ph 201 215 9574 fax [email protected] Feb. 9, 2015 Hon. William J. Martini, U.S.D.J. United States District Court 50 Walnut Street Newark, NJ 07102 via ecf Re: Connolly v. United States, Civ. No. 14-cv-3574 Dear Judge Martini: I became counsel for the petitioner, David Connolly, in this Habeas Corpus matter last month. Mr. Connolly filed a pro se petition and supporting brief. The reply papers were due on Friday, Feb. 6, 2015 but I was unable to file them because I do not yet have the file for this case. Previous counsel, Gerald Saluti, has been suspended from practicing law for some time now and his law practice has dissolved. It is a wild understatement to say that Mr. Saluti failed adequately to represent Mr. Connolly's interests during his representation. In order to properly represent Mr. Connolly and carry out my duty as counsel, I must be able to thoroughly review the documents that the government contends support its charges. Therefore I am requesting time to obtain and review the file and I would also ask for the right to amend the opening brief on the habeas petition. Failing that, I would ask that your honor allow my client to withdraw his petition without prejudice. Since he is asserting actual innocence on the charges levied against him, there should not be a problem with the timing based on McQuiggins v. Perkins , 133 S.Ct. 1924 (2013). . Very truly yours, s/Elizabeth T. Foster Elizabeth T. Foster Attorney for Defendant cc: Leslie Schwartz, AUSA Case 2:14-cv-03574-WJM Document 15 Filed 02/09/15 Page 1 of 1 PageID: 125
description
Connolly's counsel's letter to the judge, requesting both an extension of time to file an answer to the government's answer, and the ability to amend his habeas petition.
Transcript of Habeas 3-9-2015 Amend Foster Letter
ELIZABETH T. FOSTER, ATTORNEY AT LAW, LLC 22 E. Quackenbush Ave., Dumont, NJ 07628
201 290 5761 ph 201 215 9574 fax [email protected]
Feb. 9, 2015 Hon. William J. Martini, U.S.D.J. United States District Court 50 Walnut Street Newark, NJ 07102 via ecf Re: Connolly v. United States, Civ. No. 14-cv-3574 Dear Judge Martini: I became counsel for the petitioner, David Connolly, in this Habeas Corpus matter last month. Mr. Connolly filed a pro se petition and supporting brief. The reply papers were due on Friday, Feb. 6, 2015 but I was unable to file them because I do not yet have the file for this case. Previous counsel, Gerald Saluti, has been suspended from practicing law for some time now and his law practice has dissolved. It is a wild understatement to say that Mr. Saluti failed adequately to represent Mr. Connolly's interests during his representation. In order to properly represent Mr. Connolly and carry out my duty as counsel, I must be able to thoroughly review the documents that the government contends support its charges. Therefore I am requesting time to obtain and review the file and I would also ask for the right to amend the opening brief on the habeas petition. Failing that, I would ask that your honor allow my client to withdraw his petition without prejudice. Since he is asserting actual innocence on the charges levied against him, there should not be a problem with the timing based on McQuiggins v. Perkins, 133 S.Ct. 1924 (2013). . Very truly yours, s/Elizabeth T. Foster Elizabeth T. Foster Attorney for Defendant cc: Leslie Schwartz, AUSA
Case 2:14-cv-03574-WJM Document 15 Filed 02/09/15 Page 1 of 1 PageID: 125
