IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JERMONT COX : CIVIL ACTION

 V. : (Capital case)

MARTIN HORN, et al. : Nos. 00-5289 

 10-2673 

COMMONWEALTH’S UNOPPOSED MOTION FOR ADDITIONAL TIME IN 

WHICH TO FILE RESPONSE TO PETITIONER’S MOTION FOR DISCOVERY

Jermont Cox is a Pennsylvania state prisoner who, in the above-captioned habeas 

petitions, challenges his two 1995 murder convictions, one of which resulted in a death 

sentence. In the life case (No. 00-5289), Cox filed his habeas petition in 2000, but 

proceedings were stayed for more than a decade while he pursued relief in state court. 

This Court recently restored that case to the active docket. In his death penalty case (No. 

10-2673), Cox filed his habeas petition in November of 2010. Cox is represented by the 

Federal Defenders in both cases. 

About two weeks ago, on July 13, 2011, Cox (through counsel) filed a Motion for 

Discovery; by rule, the response is due on Monday, August 1. Respondents respectfully 

request that they be given an additional 30 days in which to respond. Cox’s counsel, 

Stuart Lev, Esq., does not oppose this request. 

This is obviously a complicated case, as is apparent from the Petitions; in order to 

file a response, undersigned counsel will need to familiarize himself with the facts and 

procedural history. In the two weeks after the Motion was filed, however, undersigned 

counsel, the Chief of the Federal Litigation Unit, who is presently handling this matter on 

1

Case 2:00-cv-05289-EGS Document 33 Filed 07/29/11 Page 1 of 4
behalf of the Commonwealth respondents, has been busy on a number of different 

matters. For example, the undersigned completed a four-day evidentiary hearing in a 

habeas matter before Judge Padova, Wilson v. Beard, No. 02-374 (E.D. Pa.), in addition 

to the undersigned’s other responsibilities as Chief of the Unit. In two days, the 

undersigned is scheduled to leave on a long-planned 14-day family vacation. 

Under the circumstances, the Commonwealth believes that it can file an adequate 

response to the Motion for Discovery within 30 days of its current due date, or by August 

31, 2011. The Commonwealth respectfully requests that it be given this additional time 

to respond. 

 Respectfully submitted, 

 /s/ Thomas W. Dolgenos 

 THOMAS W. DOLGENOS 

 Chief, Federal Litigation 

2

Case 2:00-cv-05289-EGS Document 33 Filed 07/29/11 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

JERMONT COX : CIVIL ACTION

 V. : (Capital case)

MARTIN HORN, et al. : Nos. 00-5289 

 10-2673 

CERTIFICATE OF SERVICE

 I hereby certify that a true and correct copy of the foregoing Motion was duly 

served on July 29, 2011, by this Court’s ECF system, on counsel for petitioner: 

Stuart Lev, Esq. 

Stuart_Lev@fd.org 

Federal Community Defender Office 

 for the Eastern District of Pennsylvania 

Capital Habeas Corpus Unit 

The Curtis Center, Suite 545-W 

Independence Square West 

 Philadelphia, PA 19106 

 /s/ Thomas W. Dolgenos 

 _______________________ 

 THOMAS W. DOLGENOS 

 Chief, Federal Litigation 

Case 2:00-cv-05289-EGS Document 33 Filed 07/29/11 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

JERMONT COX : CIVIL ACTION

 V. : (Capital case)

MARTIN HORN, et al. : Nos. 00-5289 

 10-2673 

ORDER

 AND NOW, this day of , 2011, the Court hereby 

orders that the Commonwealth may file its Response to the petitioner’s Motion for 

Discovery by August 31, 2011. 

 BY THE COURT: 

 __________________________________ 

 J. 

Case 2:00-cv-05289-EGS Document 33 Filed 07/29/11 Page 4 of 4