IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

KENNETH REVEN MCCLAIN

Petitioner,

vs. Docket No.: 3:10-CV-102

3:05-CR-332-G

Honorable Judge Fish

Referred to U.S. Magistrate Judge
UNITED STATES OF AMERICA,

Respondent.
________________________________/

UNOPPOSED MOTION FOR A 30 DAY

CONTINUANCE OF EVIDENTIARY HEARING

Comes Now Petitioner Kenneth McClain by and through undersigned counsel

with this his request for an unopposed 30-day continuance in the scheduled

evidentiary hearing and in support provides as follows:

1. This Court has scheduled an evidentiary hearing on Petitioner’s Title 28

U.S.C. § 2255 for July 21, 2010.

2. Counsel is scheduled for trial beginning on July 19, 2010 in the matter of

State of Florida v. Izquierdo, Docket No. F08-025637-B and a trial scheduled to

beginning on July 26, 2010 in the matter of State of Florida v. Robles, Docket No.

F09-23495-A.

3. Counsel has contacted A.U.S.A. Marc W. Barta, who has no opposition to

this request and has advised counsel that he will be on leave out of the country

between August 2, 2010 and August 13, 2010.

 4. Both counsel and A.U.S.A. Barta have conferred that they will be available

any date after August 23, 2010.

5. Counsel is not aware of any prejudice to the Government that will result

from this enlargement of time.

For the foregoing reasons, the Petitioner respectfully prays this Honorable

Court grant this 30-day extension in the scheduled evidentiary hearing in this case.

Done this 9th day of July 2010

Respectfully submitted,

s/ Henry E. Marines
LAW OFFICES HENRY E. MARINES
Henry E. Marines, Esq.
Florida Bar # 702722
8501 SW 124 Avenue, Suite # 204
Miami, Florida 33183
(305) 412-4443 Office
(305) 704-8217 Fax
Email: hm@henrymarines.com
 CERTIFICATE OF SERVICE

I HEREBY DO CERTIFY that the foregoing document with the Clerk of

Court using the CM/ECF and have mailed copies via the United States Mail to all

parties that are not participants of the CM/ECF Electronic Filing System.

Done this 9th day of July 2010

Respectfully submitted,

s/ Henry E. Marines
LAW OFFICES HENRY E. MARINES
Henry E. Marines, Esq.
Florida Bar # 702722
8501 SW 124 Avenue, Suite # 204
Miami, Florida 33183
(305) 412-4443 Office
(305) 704-8217 Fax
Email: hm@henrymarines.com