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

Case 1:06-cv-00003-SLR

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Filed 05/05/2006

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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. : NATHAN L. GUINN,

Civ. Act. No. 06-3-SLR

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Nathan L. Guinn, has applied for federal habeas relief challenging

his May 2003 Delaware Superior Court conviction and sentence for possession with intent to deliver cocaine, possession of cocaine within 300 feet of a church, possession of cocaine, and possession of drug paraphernalia. D.I. 2. The undersigned filed an answer to the petition on May 5, 2006. 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. Due to the large volume of record retrieval recently required by prosecutors in the

appeals division, the undersigned has been unable to obtain the certified state court records in order to file them contemporaneously with the answer. The undersigned anticipates obtaining and copying the records on or before May 31, 2006.

Case 1:06-cv-00003-SLR

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4.

Respondents submit that an extension of time to May 31, 2006 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/ 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] Date: May 5, 2006

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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: May 5, 2006

Case 1:06-cv-00003-SLR

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CERTIFICATE OF SERVICE I hereby certify that on May 5, 2006, I electronically filed this motion for extension of time to file certified state court records and attachments with the Clerk of Court using CM/ECF. I also hereby certify that on May 5, 2006, I have mailed by United States Service, two copies of the same documents to the following non-registered participant: Nathan L. Guinn SBI No. 280879 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]