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


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Date: July 23, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv-00284-GI\/IS Document 13 Filed 07/23/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STEVEN W. KRAFCPHCK, )
Plaintiff, )
) Civ. A. No. 07-284-GMS
v. )
rnoivtas L. CARROLL, ) E {me :-· e
t *1 , 1,
Defendant. ) _ ,jt}l__ fj mt]? il
i .... . .... .
t Morton ros ENLARGEMENT or rms
PURSUANT TO Rule 6 (b), Federal Rules of Civil Procedure, Petitioner respectfully
request an extension of time to file his (memorandum of points and authorities) in support of his
28 § 2254 petition. The petitioner believes, that his tiling of his corrected copy of his application
with his election form being returned at the same time was misconstrued, and was received by
the clerk as the petitioner was satisfy with what he had already tiled with the court, and wish the
court to make further inquiry into the petitioner’s 2254 contentions. This is not what the
petitioner was implying, he simple wanted the court to be made aware that (the wrong dates) had
been inadvertently entered by the petitioner, and not that the corrected copy was in (any way) the l
final draft or the only thing the petitioner meant to amend, this was sent with the election form as
a courtesy and was not meant to insinuate that the petitioner’s petition and (memorandum of
points and authorities) that has not yet been submitted, were ready to be reviewed by the _
defendant’s or this court.

Case 1 :07-cv-00284-G MS Document 13 Filed 07/23/2007 Page 2 of 4
The petitioner believed that, he still had 30 days in which to ask the court for an
enlargement of time to file his amended petition and (memorandum of points and authorities). If
the petitioner has inadvertently made a critical mistake, he would respectfully ask the court to
allow him to withdraw his petition at this time (without prejudice), so that he may, (re-file his
petition and his memorandum of points and authorities) on this court in a timely manner. If this
situation can be rectified in time, the petitioner would respectfully request an order for the
enlargement of time so that the petitioner may prepare his petition and (memorandum of points p
and authorities) so that all his contentions may be addressed by the defendant’s and that the court
would have all the petitioner’s contentions before making it’s ruling in this case. The grounds
that this court may wish to consider in considering this request are the following: 1) the
petitioner only has certain times he is allowed to utilizes the law library resources, 2) the
petitioner is also hindered by the unexpected disruptions bythe prison that currently affect the
petitioner’s law library time, 3) the petitioner does not have the accessibility to all the research
1nateria1’s due to other occupants utilizing the same law library at the same time. Therefore, the
petitioner would respectfully ask this court for an order granting the petitioner additional time
and a enlargement of time in the amount of (30 to 60) days to prepare and tile his (amended
petition and memorandum of points and authorities), and would also respectfully ask what the _,
court has decided on the rest of this request, so as not to prejudice the petitioner any further then W
he has already been in this proceeding. Thank you. 2
M 1
Dated: July 18, 2007 i
Steven W. fchick (Pro-se)
SBI# 00178856 7
Delaware Correctional Center
1181 Paddock Road
Smyrna, Delaware 19977

Case 1:07-cv-00284-G|\/IS Document 13 Filed 07/23/2007 Page 3 of 4
CERTIFICATE OF SERVICE
I, Steven W. Krafchick hereby certify that I have served a true and correct copy(ies) of
the attached {motion for enlargement of time to tile) upon the following parties/persons:
To: Office ofthe Clerk
United States District Court
844 N. King Street, Lockbox 18
Wilmington, Delaware 19801 -3570 {
BY PALCING SAME IN A SEALED ENVELOPE, and depositing same inthe United
States Mail at the Delaware Correction Center, Smyrna, Delaware 19977.
On this 18 day of July, 2007
Steven Wggafchick (Pro—se)
SBI# 00178856
Delaware Correctional Center
1181 Paddock Road
Smyrna, Delaware 19977 I
l

Case 1:07-c\4e ;;_.$_{ . S Document 13 Filed 07/23/2007 Page 4 0f 4
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