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

Case 1:07-cv-00334-JJF

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

Civ.Act.No. 07-334-***

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, John Folks, has applied for federal habeas relief, alleging

ineffective assistance of counsel. D.I. 1. The undersigned filed an answer to the petition on October 24, 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. Due to the large volume of record retrieval recently required by prosecutors

in the appeals division, the undersigned has been unable to obtain the certified state court records in order to file them contemporaneously with the answer. The undersigned

anticipates obtaining and copying the records on or before January 11, 2008. 4. This is respondents' second request for an extension of time to file records.

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5.

Respondents submit that an extension of time to January 11, 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: November 28, 2007

/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

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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 28, 2007

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CERTIFICATE OF SERVICE I hereby certify that on November 28, 2007 I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on November 29, 2007 I will mail, by United States Postal Service, the same documents to the following non-registered participant: John Folks SBI # 00126234 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 28, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN FOLKS, 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 certified state court records, and, WHEREAS, it appearing to the Court that 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 January 11, 2008.

Civ.Act.No. 07-334-***

____________________________ United States District Judge