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

Case 1:07-cv-00151-JJF

Document 16

Filed 08/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

GUANGO F. CORREA, Petitioner, v. THOMAS CARROLL, et al., Respondents.

) ) ) ) ) ) ) ) )

Civ. Act. No. 07-151-JJF

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS

1.

The petitioner, Guango F. Correa, has applied for federal habeas relief challenging his continued incarceration in the State of Delaware.

2.

By the terms of the Court's order, the respondent is directed to attach to the answer certified copies of the state court records material to the questions raised in the petitioner's appeal.

3.

On August 7, 2007, Respondent s filed an Answer to Correa's petition for writ of habeas corpus.

4.

Due to the case load handled by Deputy Attorneys General in the Appeals Division, the undersigned has been unable to obtain and have certified from the state supreme court in Dover the certified state records in order to file them contemporaneously with the answer. The undersigned presently anticipates obtaining and copying the records on or before September 21, 2007.

Case 1:07-cv-00151-JJF

Document 16

Filed 08/07/2007

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4.

Respondents submit that an extension of time to and including September 21, 2007 in which to file certified copies of the material portions of the state court records in this case is reasonable.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Gregory E. Smith_________ Gregory E. Smith, I.D. No. 3869 Deputy Attorney General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398 Dated: August 7, 2007

Case 1:07-cv-00151-JJF

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Filed 08/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GUANGO F. CORREA, Petitioner, v. THOMAS CARROLL, et al., Respondents. ) ) ) ) ) ) ) ) )

Civ. Act. No. 07-151-JJF

STATEMENT OF COUNSEL PURSUANT TO LOCAL RULE 7.1.1 COMES NOW, Deputy Attorney General Gregory E. Smith, Counsel for Respondent, and pursuant to D. Del. LR 7.1.1 does hereby make the following statement: 1. The undersigned has not corresponded or attempted to contact Petitioner as he is a probationer, but anticipates that the instant Motion is opposed.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Gregory E. Smith__________ Gregory E. Smith, I.D. No. 3869 Deputy Attorney General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398

Dated: August 7, 2007

Case 1:07-cv-00151-JJF

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Filed 08/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWAR E

GUANGO F. CORREA, Petitioner, v. THOMAS CARROLL, et al., Respondents.

) ) ) ) ) ) ) ) )

Civ. Act. No. 07-151-JJF

ORDER Whereas, Respondents have requested an extension of time in which to file certified copies of state court records to the answer to Petitioner's petition for writ of habeas corpus and has presented reasonable cause for the request; IT IS SO ORDERED this ____ day of ____________, 200__, that Respondent shall submit certified copies of state court records on or before September 21, 2007.

________________________ Joseph J. Farnan, Jr. Judge United States District Court

Case 1:07-cv-00151-JJF

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CERTIFICATION OF SERVICE The undersigned certifies that on August 7, 2007, he electronically filed the attached Motion for Extension of Time to File State Court Records with the Clerk of Court using CM/ECF. The undersigned further certifies that on August 7, 2007 that he mailed by United States Postal Service the document(s) to the following non-registered participant:

Guango F. Correa 59 Woodside Drive Magnolia, Delaware 19962

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/_Gregory E. Smith__________ Gregory E. Smith, ID # 3869 Deputy Attorney General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398