Case 1:06-cv-00066-GMS
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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 the Court's order, the answer is due to be filed on June 19, 2006. 2. Counsel for respondents has been, and continues to be, diligently working on
numerous cases before this Court and the state courts, including other first degree murder cases. However, the departure of three deputies from the Appeals Division has increased the workload for the few remaining attorneys. Two new deputies have accepted positions in the Appeals Division, but one will not be able to begin work until July, and the other will begin in August. 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, 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' first request for an extension of time in this case. Respondents submit that an extension of time to and including July 21, 2006, in
which to file an answer is reasonable. Respondents submit herewith a proposed order.
DATE: June 14, 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
Case 1:06-cv-00066-GMS
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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: June 14, 2006
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CERTIFICATE OF SERVICE I hereby certify that on June 14, 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 June 14, 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]
Case 1:06-cv-00066-GMS
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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 July 21, 2006.
____________________________ United States District Judge