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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AARON CARTER, Petitioner, v. ELIZABETH BURRIS, Acting Warden and JOSEPH R. BIDEN III, Attorney General for the State of Delaware Respondents.1 ) ) ) ) ) ) ) ) ) ) )
Civ.Act.No. 07-386-SLR
MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Aaron Carter, has applied for federal habeas relief, alleging two
points of error in his State court proceedings. D.I. 1, 1. The undersigned filed an answer to the petition on November 16, 2007. D.I. 12. 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 case. Counsel filed certified Delaware Supreme Court documents on December 19, 2001. D.I. 14, 15. 3. Counsel has been informed that Mr. Carter' Superior Court records are in storage s
and are not immediately available. Counsel has requested that the Superior Court Prothonotary retrieve Mr. Carter' file in order to file particular Superior Court documents with this Court. s Counsel has further been informed that the records will not be available for approximately two weeks. In addition to the normal time to retrieve these documents, counsel anticipates that more See Fed.R.Civ.P. 25(d)(1). Elizabeth Burris was named Acting Warden, effective September 1, 2007.
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time is needed in light of the holiday schedule. As a result, counsel requests more time to file certified copies of documents from Mr. Carter' Superior Court file. s 4. 5. This is respondents' second request for an extension to file state court records. Respondents submit that an extension of time to January 25, 2008 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: 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
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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: December 21, 2007
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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: Aaron Carter No. 179415 1181 Paddock Road Delaware Correctional Center 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
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AARON CARTER, Petitioner, v. ELIZABETH BURRIS, Acting 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 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 25, 2008.
Civ.Act.No. 07-386-SLR
____________________________ United States District Judge