Case 1:07-cv-00422-SLR
Document 13
Filed 11/09/2007
Page 1 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERNEST A. CRUMP, JR., Petitioner, v. ELIZABETH BURRIS, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )
Civ.Act.No. 07-422-SLR
MOTION FOR EXTENSION OF TIME Pursuant to Rule 6 of the Federal Rules of Civil Procedure, respondents move for an extension of time in which to file an answer to the petition. In support thereof, respondents state the following: 1. The petitioner, Ernest A. Crump, Jr., has applied for federal habeas relief,
alleging error in his 1981 state court criminal proceedings. D.I. 2. By the terms of the Court's order, the answer is due to be filed on November 9, 2007. 2. Counsel has been, and continues to be, diligently working on numerous
cases before this Court and the state courts. Counsel is doing his best to prioritize cases by date received. Due to scheduling issues beyond counsel's control and staff illnesses, counsel has been unable to devote sufficient time and attention to complete the State's response in the above-titled matter. Further, the Chief of the Appeals Division must review all filings prior to submission and has been unable to do so due to his own substantial caseload. In light of the situation, additional time is needed to complete the answer and have it reviewed in the ordinary course of business.
Case 1:07-cv-00422-SLR
Document 13
Filed 11/09/2007
Page 2 of 5
3.
Under Habeas Rule 4, the Court has the discretion to give respondents an
extension of time exceeding the 40-day limit in Civil Rule 81(a)(2). Clutchette v. Rushen, 770 F.2d 1469, 1473-74 & n.4 (9th Cir. 1985); Kramer v. Jenkins, 108 F.R.D. 429, 431-32 (N.D. Ill. 1985). The comment to Rule 4 expressly states that the district court has "the discretion to take into account various factors such as the respondent's workload" in determining the period of time that should be allowed to answer the petition. 4. 5. This is respondents' second request for an extension of time in this case. Respondents submit that an extension of time to and including November
23, 2007, in which to file an answer is reasonable. Respondents submit herewith a proposed order.
/s/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4612 DATE: November 9, 2007
Case 1:07-cv-00422-SLR
Document 13
Filed 11/09/2007
Page 3 of 5
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/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Counsel for Respondents
Date: November 9, 2007
Case 1:07-cv-00422-SLR
Document 13
Filed 11/09/2007
Page 4 of 5
CERTIFICATE OF SERVICE I hereby certify that on November 9, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on November 9, 2007, I mailed, by United States Postal Service, the same documents to the following nonregistered participant:
Ernest A. Crump, Jr. SBI # 00149221 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 /s/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4612 [email protected] Date: November 9, 2007
Case 1:07-cv-00422-SLR
Document 13
Filed 11/09/2007
Page 5 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERNEST A. CRUMP, JR., Petitioner, v. THOMAS CARROLL, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) ) ORDER This _____day of _________________________, 2007, WHEREAS, respondents having requested an extension of time in which to file an answer, 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 November 23, 2007.
Civ.Act.No. 07-422-SLR
____________________________ United States District Judge