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
SECOND 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, Lawrence B. Dickens, has applied for federal habeas relief,
alleging error by the state courts. D.I. 2. By the terms of the Court's order, the answer is due to be filed on May 18, 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 and ongoing litigation in the District Court over the Delaware death penalty procedures, 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' second request for an extension of time in this case. Respondents submit that an extension of time to and including May 25,
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: May 18, 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: May 18, 2007
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CERTIFICATE OF SERVICE I hereby certify that on May 18, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on May 18, 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: May 18, 2007
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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. ) ) ) ) ) ) ) ) ) ) ) ORDER This _____day of _________________________, 2007, 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 May 25, 2007.
Civ.Act.No. 06-790-SLR
____________________________ United States District Judge