Case 1:06-cv-00790-SLR
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LAWRENCE B. DICKENS, Petitioner, v. RICHARD KEARNEY, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )
Civ.Act.No. 06-790-SLR
MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Lawrence Dickens, has applied for federal habeas relief,
alleging error by the state courts. D.I. 4. The undersigned filed an answer to the petition on May 25, 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. Appeals Division policy is that only the Chief of Appeals may retrieve
certified records from the Delaware Supreme Court. Due to the large volume of record retrieval recently required by prosecutors in the appeals division and his own substantial caseload, he has been unable to obtain the certified state court records in order to file them by the required date. The undersigned anticipates obtaining and copying the records on or before August 27, 2007.
Case 1:06-cv-00790-SLR
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4. records. 5.
This is respondents' FOURTH request for an extension of time to file
Respondents submit that an extension of time to September 14, 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/ 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: August 27, 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
Counsel for Respondents
Date: August 27, 2007
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CERTIFICATE OF SERVICE I hereby certify that on August 27, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on August 27, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant:
Lawrence B. Dickens SBI No. 263838 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947 /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: August 27, 2007
Case 1:06-cv-00790-SLR
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LAWRENCE B. DICKENS, Petitioner, v. RICHARD KEARNEY, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )
Civ.Act.No. 06-790-SLR
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 related to this matter shall be filed on or before September 14, 2007.
____________________________ United States District Judge