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undersigned counsel, and files this Motion to Accept “Motion for

Temporary Injunction to Stay His Execution Scheduled for

September 20, 2006 at 6:00 p.m.” as Timely Filed. In support

thereof, Mr. Hill states:

1. On the afternoon of Thursday, August 30, 2006, this

Honorable Court directed counsel for both parties by verbal order

Case 4:06-cv-00032-SPM Document 44-1 Filed 09/06/2006 Page 1 of 5

message regarding this Court’s order until after 4:00 p.m. Upon

receiving word of this Court’s order, undersigned traveled

directly to his office to begin working on the various motions in

order to comply with the Court’s order, but did not arrive at his

office until after 5:00 p.m.

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2. Undersigned complied and filed the following documents:

a. Motion to Expedite Discovery, Doc. 31;

b. First Request for Admissions, Doc. 32;

c. First Request for Production of Documents,

Doc. 33;

d. First Set of Interrogatories, Doc. 35

e. Motion to Amend Complaint, Doc. 36;

f. First Amended Complaint, Doc. 37;

3. It was undersigned counsel’s intention and undersigned

believed that he filed Plaintiff’s Motion for Temporary

Injunction to Stay His Execution Scheduled for September 20, 2006

at 6:00 p.m., with the other pleadings that were filed on August

31, 2006. See Attachment.

4. On August 31, 2006, at approximately 6:45 p.m.,

undersigned received this Court’s order dismissing Plaintiff’s

Complaint and First Amended Complaint.

5. Over the weekend, undersigned began to prepare a motion

for reconsideration. During this process, while editing and

filling in the docket numbers of the various pleadings,

Case 4:06-cv-00032-SPM Document 44-1 Filed 09/06/2006 Page 2 of 5

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undersigned discovered, that Plaintiff’s Motion for Temporary

Injunction to Stay His Execution Scheduled for September 20, 2006

at 6:00 p.m., did not appear on the docket report in the abovestyled

cause.

6. Upon learning of the fact that Plaintiff’s Motion for

Temporary Injunction to Stay His Execution Scheduled for

September 20, 2006, at 6:00 p.m., was not listed on the docket

sheet, undersigned counsel attached the motion to his motion for

reconsideration and filed same.

7. This morning, this Court’s law clerk contacted

undersigned counsel and informed undersigned that neither the

Clerk’s Office nor the Court had a record of the pleading having

been filed. Apparently, either there was an error in

transmission or inexplicably undersigned counsel, fatigued from

working all night to meet the Court’s deadline, overlooked filing

the motion.

Court and not imposed pursuant to any rule, statute, or code,

Plaintiff respectfully requests this Court consider Plaintiff’s

Motion for Temporary Injunction to Stay His Execution Scheduled

for September 20, 2006 at 6:00 p.m., as timely filed and

reconsider the propriety of a stay in this matter for the reasons

contained in that pleading and in Plaintiff’s Corrected Motion

for Reconsideration and Setting Aside of Order Dismissing

Case 4:06-cv-00032-SPM Document 44-1 Filed 09/06/2006 Page 3 of 5

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Complaint and Denying Preliminary Temporary Injunction as if

argued herein.

respectfully requests that this Court grant his Motion to Accept

“Motion for Temporary Injunction to Stay His Execution Scheduled

for September 20, 2006 at 6:00 p.m.” as Timely Filed.

Respectfully submitted,

/s/ D. Todd Doss

D. TODD DOSS

Florida Bar No. 0910384

725 Southeast Baya Drive

Suite 102

Lake City, FL 32025-6092

Telephone (386) 755-9119

Facsimile (386) 755-3181

COUNSEL FOR APPELLANT

I certify that a copy of the foregoing document has been served

September 2006.

/s/ D. Todd Doss

D. TODD DOSS

Case 4:06-cv-00032-SPM Document 44-1 Filed 09/06/2006 Page 4 of 5

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Copies furnished to:

Carolyn Snurkowski

Assistant Attorney General

Office of the Attorney General

Plaza Level 1

The Capitol

Tallahassee, FL 32399

Case 4:06-cv-00032-SPM Document 44-1 Filed 09/06/2006 Page 5 of 5