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

Case 1:07-cv-00347-JJF

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Filed 08/27/2007

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

Civ.Act.No. 07-347-JFF

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, Daniel Woods, has applied for federal habeas relief,

alleging error by the state courts. D.I. 2. By the terms of the Court's order, the answer is due to be filed on August 27, 2007. 2. Petitioner has filed for state court relief, alleging the same grounds that he

has raised in his petition for federal habeas relief. To date, however, the Delaware Supreme Court has not decided petitioner' latest claim. In light of the procedural posture s of petitioner' state court claims as well as counsel' own substantial caseload, s s respondents submit that additional time is necessary to allow the Delaware Supreme Court to rule on petitioner' latest claim and to allow respondents time to respond to s petitioner' petition for federal habeas relief. s

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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' workload" in s determining the period of time that should be allowed to answer the petition. 4. 5. This is respondents' first request for an extension of time in this case. Respondents submit that an extension of time to and including October 11,

2007, in which to file an answer is reasonable. Respondents submit herewith a proposed order.

DATE: August 27, 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: August 27, 2007

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CERTIFICATE OF SERVICE I hereby certify that on August 27, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on August 27, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Daniel M. Woods SBI No. 00164728 Delaware Correctional Center 1181 Paddock Road 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: August 27, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DANIEL M. WOODS, Petitioner, v. THOMAS CARROLL, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) ) ORDER This _____day of _________________________, 2006, 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 October 11, 2007.

Civ.Act.No. 07-347-JFF

____________________________ United States District Judge