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

Case 1:07-cv-00408-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HARRY J. SMITH, Petitioner, v. THOMAS CARROLL, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-408-JJF

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

alleging error by the state courts. D.I. 2. The undersigned filed an answer to the petition on October 3, 2007. 2. 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 appeal. 3. Appeals Division policy is that only the Chief of Appeals may retrieve

certified records from the Delaware Supreme Court. Due to the large volume of record retrieval recently required by prosecutors in the appeals division, his own substantial caseload, and illness he has been unable to obtain the certified state court records in order to file them by the required date. The undersigned anticipates obtaining and copying the records on or before December 19, 2007.

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4. records. 5.

This is respondents' THIRD request for an extension of time to file

Respondents submit that an extension of time to December 19, 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.

/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 30, 2007

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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/ James T. Wakley Deputy Attorney General

Counsel for Respondents

Date: November 30, 2007

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CERTIFICATE OF SERVICE I hereby certify that on November 30, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on November 30, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant:

Harry J. Smith SBI No. 297441 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 30, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HARRY J. SMITH, Petitioner, v. THOMAS CARROLL, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-408-JJF

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 certified state court records related to this matter shall be filed on or before December 19, 2007.

____________________________ United States District Judge