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. THOMAS CARROLL, 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 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, Aaron Carter, has applied for federal habeas relief, alleging error
by the state courts. By the terms of the Court's order, the answer is due to be filed on October 15, 2007. 2. Counsel continues to work on the response to the claims petitioner has raised in
his petition. However, due to his current case load, including the filing of several substantial documents in state courts yesterday, counsel needs additional time to complete the response. 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.
See Fed.R.Civ.P. 25(d)(1). Attorney General Joseph R. Biden, III, assumed office on January 2, 2007, replacing former Attorney General Carl C. Danberg, an original party to this case.
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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' workload" in determining the period of time s 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 15,
2007, in which to file an answer is reasonable. Respondents submit herewith a proposed order.
/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: October 16, 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/ Kevin M. Carroll Deputy Attorney General Counsel for Respondents
Date: October 16, 2007
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CERTIFICATE OF SERVICE I hereby certify that on October 16, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on October 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: October 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 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 15, 2007.
Civ.Act.No. 07-386-SLR
____________________________ United States District Judge
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