Lee - Dist CT - Motion To Extend Time

Case 2:19-cv-00468-JPH-DLP Document 10 Filed 10/08/19 Page 1 of 5 PageID #: 226
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
DANIEL LEWIS LEE, )

)
Petitioner, )
)
v. ) No. 2:19-cv-00468-JPH-DLP
)
WARDEN USP TERRE HAUTE, )
UNITED STATES OF AMERICA, )
)
Respondents. )
MOTION TO EXTEND TIME TO FILE RESPONSE
Respondents in the above-captioned case respectfully request a 28-day
extension of time, until November 8, 2019, to file their response to petitioner
Daniel Lewis Lee’s petition for a writ of habeas corpus. In support of this
motion, the undersigned states as follows:
1. Petitioner Daniel Lewis Lee was convicted of three counts of
capital murder and sentenced to death in 1999. The United States has
scheduled Lee’s execution for December 9, 2019.
2. Lee’s conviction and sentence have received extensive review by
the Eighth Circuit and the United States District Court for the Eastern
District of Arkansas. See, e.g., United States v. Lee, 792 F.3d 1021 (8th Cir.
2015), cert. denied, 137 S. Ct. 1577 (2017); United States v. Lee, No. 97-CR-
1
243, 2014 WL 1093197 (E.D. Ark. Mar. 18, 2014); United States v. Lee, 715
F.3d 215 (8th Cir. 2013), cert. denied, 135 S. Ct. 72 (2014); United States v.
Lee, No. 97-CR-243, 2010 WL 5347174 (E.D. Ark. Dec. 22, 2010); United
States v. Lee, No. 97-CR-243, 2008 WL 4079315 (E.D. Ark. Aug. 28, 2008);
United States v. Lee, 374 F.3d 637 (8th Cir. 2004), cert. denied, 545 U.S. 1141
(2005); United States v. Lee, 274 F.3d 485 (8th Cir. 2001), cert. denied, 537
U.S. 1000 (2002); United States v. Lee, 89 F. Supp. 2d 1017 (E.D. Ark. 2000).
3. Most recently, on February 26, 2019, the district court in the
Eastern District of Arkansas denied a motion by Lee for relief under 28
U.S.C. § 2255, and on May 7, 2019, the court denied a motion for
reconsideration. Lee has applied for a certificate of appealability in the
Eighth Circuit, and on September 12, 2019, that court ordered the
government to respond on or before October 7, 2019. See Lee v. United States,
No. 19-2432 (8th Cir.). The government filed its response on that date.
4. Lee also has joined a lawsuit in the United States District Court
for the District of Columbia challenging the Department of Justice’s death
penalty protocol. Lee has filed a motion for preliminary injunction in that
case seeking to stay his execution. See In re Federal Bureau of Prisons’
Execution Protocol Cases, 1:19-mc-00145, Dkt. 13 (D.D.C. Sept. 27, 2019).
5. On September 26, 2019, Lee filed a petition for a writ of habeas

2
corpus under 28 U.S.C. § 2241 in this Court. Dkt. 1. The following day, the
Court ordered respondents to file a response within 14 days, on or before
October 11, 2019. Dkt. 6.
6. After receiving Lee’s petition, the United States Attorney’s Office
for the Southern District of Indiana contacted other offices in the Department
of Justice handling different matters involving Lee. After consultation, it was
determined that responsibility for responding to Mr. Lee’s habeas petition
would be transferred from the United States Attorney’s Office for the
Southern District of Indiana to the Department of Justice’s Criminal Division
in Washington, D.C., and the United States Attorney’s Office for the Eastern
District of Arkansas, where Lee was convicted and sentenced. John M.
Pellettieri from the Criminal Division’s Appellate Section and Michael
Gordon, Criminal Chief in the United States Attorney’s Office for the Eastern
District of Arkansas, have been assigned to handle the response.
7. Mr. Pellettieri and Mr. Gordon had previously-existing
responsibilities that prevented them from turning their full attention
immediately to this case. Among other things, Mr. Pellettieri drafted and
filed a court-ordered response to Lee’s application for a certificate of
appealability in the Eighth Circuit, see Brief, Lee v. United States, No. 19-
2432 (8th Cir.) (filed Oct. 7, 2019), and Mr. Gordon was in trial on October 1
3
and 2, 2019.
8. Because of the length and detail of Lee’s petition and the prior
responsibilities of the attorneys assigned to respond to that petition,
respondents respectfully request an extension of 28 days to prepare and
finalize their response.
9. No prior extensions of time have been requested by respondents,
and this extension is requested to allow sufficient time to prepare a complete
and appropriate response to Lee’s claims and not for any purpose of delay.
Wherefore, respondents respectfully request that the Court grant this
motion for a 28-day extension, until November 8, 2019, to file respondents’
response to Lee’s habeas petition.
Respectfully submitted.
s/John M. Pellettieri
JOHN M. PELLETTIERI
Attorney, U.S. Department of Justice
Criminal Division, Appellate Section
950 Pennsylvania Ave., N.W., Rm. 1260
Washington, D.C. 20530
(202) 307-3766
[email protected]
October 8, 2019
4
CERTIFICATE OF SERVICE
I certify that on October 8, 2019, a copy of the foregoing was filed
electronically. Service of this filing will be made on all ECF-registered
counsel by operation of the court’s electronic filing system. Parties may access
this filing through the court’s system.
s/John M. Pellettieri
JOHN M. PELLETTIERI
Attorney, U.S. Department of Justice
Criminal Division, Appellate Section
950 Pennsylvania Ave., N.W., Rm. 1260
Washington, D.C. 20530
(202) 307-3766
[email protected]

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Case 2:19-cv-00468-JPH-DLP Document 10 Filed 10/08/19 Page 1 of 5 PageID #: 226

UNITED STATES DISTRICT COURT

DANIEL LEWIS LEE, )

MOTION TO EXTEND TIME TO FILE RESPONSE

Respondents in the above-captioned case respectfully request a 28-day

extension of time, until November 8, 2019, to file their response to petitioner

motion, the undersigned states as follows:

1. Petitioner Daniel Lewis Lee was convicted of three counts of

scheduled Lee’s execution for December 9, 2019.

2. Lee’s conviction and sentence have received extensive review by

3. Most recently, on February 26, 2019, the district court in the

Eastern District of Arkansas denied a motion by Lee for relief under 28

reconsideration. Lee has applied for a certificate of appealability in the

government to respond on or before October 7, 2019. See Lee v. United States,

for the District of Columbia challenging the Department of Justice’s death

case seeking to stay his execution. See In re Federal Bureau of Prisons’

Execution Protocol Cases, 1:19-mc-00145, Dkt. 13 (D.D.C. Sept. 27, 2019).

5. On September 26, 2019, Lee filed a petition for a writ of habeas

Court ordered respondents to file a response within 14 days, on or before

October 11, 2019. Dkt. 6.

6. After receiving Lee’s petition, the United States Attorney’s Office

of Justice handling different matters involving Lee. After consultation, it was

determined that responsibility for responding to Mr. Lee’s habeas petition

Southern District of Indiana to the Department of Justice’s Criminal Division

District of Arkansas, where Lee was convicted and sentenced. John M.

Pellettieri from the Criminal Division’s Appellate Section and Michael

District of Arkansas, have been assigned to handle the response.

7. Mr. Pellettieri and Mr. Gordon had previously-existing

responsibilities that prevented them from turning their full attention

filed a court-ordered response to Lee’s application for a certificate of

responsibilities of the attorneys assigned to respond to that petition,

respondents respectfully request an extension of 28 days to prepare and

finalize their response.

9. No prior extensions of time have been requested by respondents,

and this extension is requested to allow sufficient time to prepare a complete

Wherefore, respondents respectfully request that the Court grant this

motion for a 28-day extension, until November 8, 2019, to file respondents’

response to Lee’s habeas petition.

electronically. Service of this filing will be made on all ECF-registered

this filing through the court’s system.

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