UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

THOMAS OLIVAS,

 Petitioner,

 

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v. § Civil Action No. 4:22-CV-385-P

BOBBY LUMPKIN, Director, 

TDCJ-CID,

 Respondent.

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PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE REPLY TO THE 

RESPONDENT’S ANSWER

AARON M. DIAZ

State Bar No. 24108453

JOHN S. GILMORE,III

State Bar No. 24096676

GOLDSTEIN & ORR

310 S. St. Mary’s St., Ste. 2900

San Antonio, Texas 78205

Telephone: (210) 226-1463

Facsimile: (210) 226-8367

Email: adiazlaw1@gmail.com

Email: johnstuartgilmore@gmail.com

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TO THE HONORABLE REED C. O’CONNOR, UNITED STATES JUDGE FOR THE 

NORTHERN DISTRICT OF TEXAS, FORT WORTH DIVISION:

This is a habeas corpus case brought by a Texas state prisoner, Thomas Olivas, under 28 

U.S.C. § 2254. Petitioner was allowed 30 days from the date of Respondent’s answer, until 

September 2, 2022, to file his reply to the Respondent’s brief. 

Petitioner respectfully requests an extension of 30 days to file his reply brief for the following 

reasons:

1. Both undersigned counsels recently contracted COVID and are still currently 

recovering from their illness. 

2. In addition, both undersigned counsels are currently pending a deadline to file a Motion 

for Rehearing in Gerardo Rodriguez v. State of Texas, No. 10-21-00147-CR, in the 10th

Court of Appeals of Texas. 

3. Undersigned have the following judicial conflicts:

• State of Texas v. Wesley Henderson, Cause No. 2021CR4006, set for September 7, 

2022, in Bexar County, Texas.

• State of Texas v. Edgar Saenz-Otero, Cause No. 2020CR8220, set for September 8, 

2022, in Bexar County, Texas.

• State of Texas v. Michael Rodriguez, Cause No. 672673, set for September 13, 2022, 

in Bexar County, Texas.

• State of Texas v. Thomas Aegan, Cause No. CCL-22-0348, set for September 14, 

2022, in Guadalupe County, Texas.

• State of Texas v. James Sandel, Cause No. CR-21-0605-A, set for September 15, 

2022, in Hays County, Texas.

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• United States v. Edward Keane, Cause No. 1:20-CR-189-RP, set for September 16, 

2022, in the Western District of Texas–Austin Division.

• United States v. Thomas Brown, Cause No. 5:22-mj-00744-HJB, Bench Trial set for 

September 19, 2022, in the Western District of Texas–San Antonio Division.

• State of Texas v. Shoaib Ali, Cause No. 685172, Pre-trial for September 20, 2022, in 

Bexar County, Texas.

• State of Texas v. Cherokee Finley, Cause No. 675196, set for September 23, 2022, in 

Bexar County, Texas.

• State of Texas v. Allen Krist, Cause No. 2021CR7205, Trial set for September 26, 

2022, in Bexar County, Texas.

• State of Texas v. Gregory Shaw, Cause No. 22-05-14419-CR, set for September 27, 

2022, in Medina County, Texas.

• United States v. Jesse Rios, Cause No. 5:21-cr-00306-OLG, set for September 29, 

2022, in the Western District of Texas – San Antonio Division.

• United States v. Jose Barrera, Cause No. 4:20-cr-00179-SDJ-KPJ, set for October 3, 

2022, in the Eastern District of Texas – Sherman Division.

• State of Texas v. Lewis Walker, Cause No. 687355, set for October 3, 2022, in Bexar 

County, Texas.

CONCLUSION & PRAYER

For the above listed reasons, Petitioner respectfully prays for an extension of thirty (30) 

days, up to and including Monday, October 3, 2022, to file his reply to the Respondent’s Answer 

with Brief in Support.

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Respectfully submitted.

GOLDSTEIN & ORR

By: /s/ Aaron M. Diaz 

Aaron M. Diaz

Bar No. 24108453

John S. Gilmore

Bar No. 24096676

Goldstein & Orr 

310 S. St. Mary’s Street

Tower Life Building, 29th Floor

San Antonio, TX 78205

Office: 210-226-1463

Facsimile: 210-226-8367

adiazlaw1@gmail.com

johnstuartgilmore@gmail.com

Attorneys for Thomas Olivas

CERTIFICATE OF SERVICE

I, Aaron M. Diaz, certify that on the September 2, 2022, a copy of the foregoing was 

transmitted to the counsel for the Respondent, Willa Cockshutt, via the PACER filing system.

By: /s/ Aaron M. Diaz 

Aaron M. Diaz

CERTIFICATE OF CONFERENCE

I, Aaron M. Diaz, certify that on the September 2, 2022, I have attempted to confer with 

counsel for the Respondent, Willa Cockshutt, but was unsuccessful before the filing of this motion. 

By: /s/ Aaron M. Diaz 

Aaron M. Diaz

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

THOMAS OLIVAS,

 Petitioner,

 

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v. § Civil Action No. 4:22-CV-385-P

BOBBY LUMPKIN, Director, 

TDCJ-CID,

 Respondent.

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ORDER

On the ____ day of _____________, 2022, this Court considered Petitioner’s Motion 

for Extension of Time to File Reply to the Respondent’s Answer. Upon considering the merits, 

Petitioner’s Motion is hereby: 

______GRANTED _______DENIED

ENTERED this day of ______________, 2022.

_________________________________

PRESIDING JUDGE

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