Free Motion for Extension of Time to File - District Court of Delaware - Delaware

Case 1:07-cv-00423-GMS

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Filed 11/20/2007

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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

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Tyrone Brookins, has applied for federal habeas relief,

alleging two points of error in his State court proceedings. D.I. 1. By the terms of the Court's order, the respondents are directed to attach to the answer certified copies of the state court records material to the questions raised in the petitioner's case. 2. Due to the large caseload of prosecutors in the appeals division, the

undersigned has been unable to obtain the certified state court records in order to file them contemporaneously with the answer. Given the upcoming holiday schedule, the undersigned anticipates that the necessary records should be available on or before December 21, 2007. 3. This is respondents' first motion for an extension to file certified state court records.

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

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4.

Respondents submit that an extension of time to December 21, 2007 in

which to file certified copies of the material portions of the state court records in this case is reasonable. Respondents submit herewith a proposed order.

DATE: November 20, 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

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RULE 7.1.1 CERTIFICATION 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 motion.

/s/ Kevin M. Carroll Deputy Attorney General Counsel for Respondents

Date: November 20, 2007

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CERTIFICATE OF SERVICE I hereby certify that on November 20, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on November 20, 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: November 20, 2007

Case 1:07-cv-00423-GMS

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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 December 21, 2007.

____________________________ United States District Judge