Free Notice of Filing Paper Documents - District Court of Delaware - Delaware

Case 1:07-cv-00423-GMS

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Filed 12/21/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TYRONE BROOKINS, Petitioner, v. ELIZABETH BURRIS, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents.1 ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-423-GMS

NOTICE OF FILING OF STATE COURT RECORDS 1. Notice is hereby given that certified copies of the following Delaware Supreme Court documents in Brookins v. State, 922 A.2d 389 (Del. 2007) have been filed and are available in paper form only. a. Appellant's Opening Brief and Appendix (No. 306, 2006) b. State's Answering Brief and Appendix (No. 306, 2006) 2. Notice is also given that certified copies of the following Delaware Supreme Court documents in Brookins v. State, No. 384, 1999 have been filed and are available in paper form only. a. Appellant's Opening Brief b. State's Motion to Affirm c. Order (Oct. 14, 1999)

See Fed.R.Civ.P. 25(d)(1). Elizabeth Burris was named Acting Warden, effective September 1, 2007.

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Case 1:07-cv-00423-GMS

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3. Counsel has been unable to retrieve Mr. Brookins' Superior Court records. Counsel now anticipates that certified copies of these documents should be filed by counsel on or before January 18, 2008. 4. In accordance with Rule 7.1.1., I hereby certify that I have neither sought nor obtained the consent of the petitioner, who is incarcerated and appearing pro se, to the subject matter of this request. 5. Counsel submits that an extension of time to and including January 18, 2008 to file the certified copies of Superior Court documents is reasonable. Respondents submit herewith a proposed order

DATE: December 21, 2007

/s/ Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836

Case 1:07-cv-00423-GMS

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CERTIFICATE OF SERVICE I hereby certify that on December 21, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on December 21, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Tyrone Brookins No. 128849 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 /s/ Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836 [email protected] Date: December 21, 2007

Case 1:07-cv-00423-GMS

Document 14

Filed 12/21/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TYRONE BROOKINS, Petitioner, v. ELIZABETH BURRIS, Acting Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-423-GMS

ORDER This _____day of _________________________, 2007, WHEREAS, respondents having requested an extension of time in which to file certified state court records, and WHEREAS, it appearing to the Court that the requested extension is timely made and good cause has been shown for the extension, IT IS HEREBY ORDERED that respondents' answer shall be filed on or before January 18, 2008.

____________________________ United States District Judge