No. CIV 98-011-S

DRY, et al,
Petitioners,
vs.
CHOCTAW CFR COURT, et al,
Respondents.

COMES NOW the Petitioners, by and through their attorney of record, Scott Kayla Morrison Standefer, and moves for leave to file their brief on the merits of the writ of habeas corpus out of time and in support thereof, alleges and states the following:

1. On July 10, 2000, Respondent filed a Motion to Dismiss because controversy is now moot in this matter.

2. Petitioners were ordered to filed a response by July 19, 2000, which Petitioners did.

3 . Petitioners never received an order staying the brief due on the merits of the writ so counsel called Judge Seay's law clerk who informed Petitioners that their brief had not been stayed.

4. Petitioners' counsel telephoned Respondents' counsel twice to ask if he objected to this extension, however, counsel did not return the call.

WHEREFORE, Petitioners move for leave to file their brief out of time.

Respectfully submitted,

I hereby certify that on this 27th day of July, 2000, I placed in first class U.S. mail, postage prepaid, a true and correct copy of the above and foregoing to:

Robert L. Rabon
Rabon, Wolfe & Rabon
PO Box 726
Hugo, OK 74742