Free Motion for Extension of Time - District Court of Delaware - Delaware

Case 1:06-cv-00058-HB

Document 39

Filed 08/06/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE THOMAS J. CAPANO, Petitioner, v. THOMAS CARROLL, Warden, et al., Respondent. : : : : Civil Action No. 06-58 *** : : :

MOTION TO EXTEND TIME FOR FILING OF REPLY BRIEF The Petitioner hereby moves the Court to grant an extension of time for the filing of the Petitioner's Reply Brief, which is currently due on or before August 13, 2007, to allow said Reply Brief to be filed on or before September 17, 2007. In support of this Motion, it is represented as follows: 1. The requested extension of time is needed because counsel for Petitioner will be relocating his primary residence from Wilmington, Delaware to Bonita Springs, Florida between August 10, 2007 and August 30, 2007. During this time, counsel will be unable to devote any time to the preparation of the Reply Brief. Local Rule 7.1.1 Certification The undersigned hereby certifies that he has contacted Elizabeth R. McFarlan, Esquire, counsel for the respondents, who does not object to the Motion. /s/ Joseph M. Bernstein JOSEPH M. BERNSTEIN (#780) 800 N. King Street - Suite 302 Wilmington, DE 19801 302-656-9850 [email protected] Attorney for Petitioner Dated: August 6, 2007

Case 1:06-cv-00058-HB

Document 39-2

Filed 08/06/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE THOMAS J. CAPANO, Petitioner, v. THOMAS CARROLL, Warden, et al., Respondent. : : : : Civil Action No. 06-58 *** : : : ORDER AND NOW, this ____ day of August, 2007, upon consideration of Petitioner's Motion for Extension of Time to File Reply Brief, IT IS ORDERED that Petitioner's Reply Brief shall be filed on or before ________________________.

______________________________

Case 1:06-cv-00058-HB

Document 39-3

Filed 08/06/2007

Page 1 of 1

CERTIFICATE OF SERVICE I hereby certify that on June 7, 2007, I electronically filed the foregoing Motion to Assign a Judge to the Case with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Loren C. Meyers, Esquire Elizabeth R. Mcfarlan, Esquire Department of Justice 820 N. French Street Wilmington, DE 19801 / s/ Joseph M. Bernstein JOSEPH M. BERNSTEIN (Bar #780) 800 N. King Street - Suite 302 Wilmington, DE 19801 302-656-9850 E-mail: [email protected]