Case 1:07-cv-00386-SLR
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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. 3. The Deputy Attorney General responsible for retrieving certified state court
records has been sick and, consequently, out of the office for much of November. Given his absence and the upcoming holiday schedule, the undersigned anticipates that the necessary records should be available on or before December 21, 2007.
See Fed.R.Civ.P. 25(d)(1). Elizabeth Burris was named Acting Warden, effective September 1, 2007.
1
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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 16, 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 16, 2007
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CERTIFICATE OF SERVICE I hereby certify that on November 16, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on November 16, 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: November 16, 2007
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AARON CARTER, 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 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.
Civ.Act.No. 07-386-SLR
____________________________ United States District Judge