Case 1:07-cv-00058-SLR
Document 18
Filed 08/16/2007
Page 1 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PHYLLIS DRUMMOND, Petitioner, v. PATRICK RYAN, Warden, and JOSEPH R. BIDEN, III, Attorney General of the State of Delaware, Respondents. : : : : : : : : : : :
Civ. Act. No. 07-58-***
SECOND MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Phyllis Drummond, has applied for federal habeas relief
challenging her 2004 conviction and sentence for first degree robbery and wearing a disguise during the commission of a felony. D.I. 1. The undersigned filed an answer to the petition on July 6, 2007. 2. By the terms of the Court's order of July 9, 2007, the respondents were to file
certified copies of the state court records material to the questions raised in the petitioner's appeal by August 17, 2007. 3. Due to scheduling problems and a burdensome caseload, the undersigned has
been unable to obtain the certified state court records in order to file them tomorrow. The undersigned now anticipates obtaining and copying the records on or before September 7, 2007.
Case 1:07-cv-00058-SLR
Document 18
Filed 08/16/2007
Page 2 of 5
4.
Respondents submit that an extension of time to September 7, 2007 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.
/s/ Elizabeth R. McFarlan Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 3759 [email protected] Date: August 16, 2007
Case 1:07-cv-00058-SLR
Document 18
Filed 08/16/2007
Page 3 of 5
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/ Elizabeth R. McFarlan Deputy Attorney General Counsel for Respondents
Date: August 16, 2007
Case 1:07-cv-00058-SLR
Document 18
Filed 08/16/2007
Page 4 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PHYLLIS DRUMMOND, Petitioner, v. PATRICK RYAN, Warden, and JOSEPH R. BIDEN, III, Attorney General of the State of Delaware, Respondents. : : : : : : : : : : :
Civ. Act. No. 07-58-***
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 the requested extension is timely made and good cause has been shown for the extension, IT IS HEREBY ORDERED that certified state court records shall be filed on or before September 7, 2007.
____________________________ United States District Judge
Case 1:07-cv-00058-SLR
Document 18
Filed 08/16/2007
Page 5 of 5
CERTIFICATE OF SERVICE I hereby certify that on August 16, 2007, I electronically filed this motion for extension of time to file certified state court records with the Clerk of Court using CM/ECF. I also hereby certify that on August 16, 2007, I have mailed by United States Service, two copies of the same document to the following non-registered participant: Phyllis Drummond. SBI No. 241930 Women's Correctional Institute 660 Baylor Blvd. New Castle, DE 19720
/s/ Elizabeth R. McFarlan Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 3759 [email protected]