James R. Downey - Page 4

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          the stipulation of facts.  Petitioner did not request a                     
          conference or execute the stipulation of facts.                             
               On August 24, 2004, a conference call was held with the                
          parties regarding the pretrial preparation problems.  During the            
          conference call, petitioner requested a continuance, ostensibly             
          to obtain counsel.  Because of petitioner’s repeated failure to             
          respond to letters from respondent’s counsel, his refusal to                
          attend a stipulation conference and otherwise to cooperate in               
          preparing a stipulation of facts, and his failure to comply with            
          the Court’s standing pretrial order, we denied petitioner’s                 
          request for a continuance but advised him that he could renew his           
          request for a continuance at the calendar call on September 7,              
          2004, if he took meaningful steps to obtain counsel and/or                  
          demonstrated his willingness to cooperate in preparing his case             
          for trial.                                                                  
               Following the conference call, respondent’s counsel                    
          attempted to contact petitioner by telephone without success.  On           
          August 25, 2004, respondent’s counsel sent petitioner another               
          letter and another copy of the stipulation of facts.                        
          Respondent’s counsel requested petitioner to contact him                    
          regarding the stipulation of facts, but petitioner failed to do             
          so.                                                                         









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