Boston Marathon bombing suspect Dzhokhar Tsarnaev won’t be indicted within the 30-day period prescribed under the Federal Speedy Trial Act but prosecutors said Friday they would ask for more time.

Sunday marks 30 days since Tsarnaev was arrested following the April 15 twin bombing that killed three people and injured more than 260.

U.S. Attorney Carmen Ortiz’s office did not specify the exception under which they would seek more time but those available to prosecutors include delays related to the defendant’s physical capacity. Tsarnaev remains in a prison hospital after being badly wounded in a gun battle with police before his arrest.

Earlier Friday, a judge denied a request from Tsarnaev’s attorneys that they be allowed to take periodic photos of the 19-year-old to document “his evolving mental and physical state” and whether his statements to authorities after his arrest were made voluntarily.