March 25, 2008
This matter is before the Court on the motion of defendant Luis Zalas-Vego (Zalas-Vego) to extend the time to file pretrial motions (Filing No. 38). The motion does not comply with paragraph 9 of the Progression Order (Filing No. 25) in that the motion is not accompanied by the defendant's affidavit or declaration stating that defendant:
(1) Has been advised by counsel of the reasons for seeking a continuance;
(2) Understands that the time sought by the extension may be excluded from any calculation of time under the Speedy Trial Act, 18 U.S.C. § 3161 et seq.; and
(3) With this understanding and knowledge, agrees to the filing of the motion.
Accordingly, the motion (Filing No. 38) is:
(X) Held in abeyance pending compliance with Paragraph 9 of the Progression Order. Absent compliance on or before April 3, 2008, the motion will be deemed withdrawn and termed on the docket.
( ) Denied.