Free Motion for Extension of Time to File Answer - District Court of Delaware - Delaware

Case 1:06-cv-00066-GMS

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Filed 07/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Petitioner, : : v. : : THOMAS L. CARROLL, : Warden, and CARL C. DANBERG, : Attorney General for the State of Delaware, : : Respondents. : ANDREW E. WARRINGTON,

Civ. Act. No. 06-66-GMS

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, Andrew E. Warrington, has applied for federal habeas relief,

challenging his 2001 conviction by a Superior Court jury for first degree murder, possession of a deadly weapon during the commission of a felony, and first degree conspiracy. D.I. 1. By the terms of this Court's order dated June 14, 2006, the answer is due to be filed on July 21, 2006. 2. Counsel has been, and continues to be, diligently working on numerous cases before

this Court and the state courts, including first degree murder cases. However, due to the two vacancies currently in the Appeals Division, the workload for the remaining attorneys has greatly increased. Counsel is also assisting the newest member of the division with his cases. Counsel is doing her best to prioritize cases by date received. In addition, the Chief of Appeals will be out of the office for the first week in August for a work-related seminar. In light of the situation, additional time is needed to complete the answer and have it reviewed in the ordinary course of business.

Case 1:06-cv-00066-GMS

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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, 147374 & 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'workload" in determining the period of time that should be allowed s 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 August 11, 2006, in

which to file an answer is reasonable. Respondents submit herewith a proposed order.

DATE: July 18, 2006

/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

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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/ Elizabeth R. McFarlan Deputy Attorney General Counsel for Respondents

Date: July 18, 2006

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CERTIFICATE OF SERVICE I hereby certify that on July 18, 2006, I electronically filed a motion for extension of time and attachments with the Clerk of Court using CM/ECF. I also hereby certify that on July 18, 2006, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Andrew E. Warrington SBI No. 339043 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/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]

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Petitioner, : : v. : : THOMAS L. CARROLL, : Warden, and CARL C. DANBERG, : Attorney General for the State of Delaware, : : Respondents. : ANDREW E. WARRINGTON,

Civ. Act. No. 06-66-GMS

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 11, 2006.

____________________________ United States District Judge