Case 1:07-cv-00191-JJF
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KEVIN MCCRAY, Petitioner, v. JOSEPH W. OXLEY, Sheriff and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )
Civ.Act.No. 07-191-***
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, Kevin McCray, has applied for federal habeas relief,
alleging error by the trial court. D.I. 2. By the terms of the Court's order, the answer is due to be filed on July 9, 2007. 2. Counsel has been, and continues to be, diligently working on numerous
cases before this Court and the state courts. However, due to the one vacancy currently in the Appeals Division, the workload for the remaining attorneys has greatly increased. Counsel is doing his best to prioritize cases by date received. Further, the Chief of the Appeals Division must review all filings prior to submission and has been unable to do so due to his own substantial caseload. In light of the situation, additional time is needed to complete the answer and have it reviewed in the ordinary course of business.
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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's workload" in 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 August 3,
2007, in which to file an answer is reasonable. Respondents submit herewith a proposed order.
/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 DATE: July 9, 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/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Counsel for Respondents
Date: July 9, 2007
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CERTIFICATE OF SERVICE I hereby certify that on July 9, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on July 9, 2007, I have mailed by United States Postal Service, the same documents to the following nonregistered participant:
Kevin McCray Prisoner No. 3183799 Monmouth County Correctional Institution 1 Waterworks Road P.O. Box 5007 Freehold, NJ 07728 /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: March 26, 2007
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KEVIN MCCRAY, Petitioner, v. JOSEPH W. OXLEY, Sheriff 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 August 3, 2007.
Civ.Act.No. 07-191-***
____________________________ United States District Judge