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

Case 1:04-cv-01424-JJF

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Filed 04/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERIC WITHERSPOON, : : Petitioner, : : v. : : LOIS RUSSO, : Superintendent/Warden, and : M. JANE BRADY, : Attorney General for the State of Delaware, : : Respondents. :

Civ. Act. No. 04-1424-JJF

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Eric Witherspoon, has applied for federal habeas relief challenging a March 1999 conviction for manslaughter, first degree reckless endangering, and two related weapons offenses. (D.I. 1); see generally Witherspoon v. State, No. 460, 1999, 2001 WL 138499 (Del. Feb. 14, 2001). 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. The respondents have been unable to obtain and copy the certified state

supreme court records from Dover in order to filed them by today's due date for the answer. The undersigned anticipates obtaining, having certified, and copying the records within the next two weeks and intends on filing them immediately upon receipt. The undersigned thus requests two weeks to copy, have certified and transport the records for filing with the Court in this case.

Case 1:04-cv-01424-JJF

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4.

Respondents submit that an extension of time to and including May 6, 2005

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/Thomas E. Brown Thomas E. Brown Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar ID# 3278

Date: April 22, 2005

Case 1:04-cv-01424-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERIC WITHERSPOON, : : Petitioner, : : v. : : LOIS RUSSO, : Superintendent/Warden, and : M. JANE BRADY, : Attorney General for the State of Delaware, : : Respondents. : ORDER This ______ day of _______________, 2005, WHEREAS, respondents having requested an extension of time in which to file certified portions of the state court records, and WHEREAS, it appearing to the Court that the requested extension is timely and good cause has been shown for the extension, IT IS HEREBY ORDERED that respondents shall file certified portions of the state court records on or before May 6, 2005.

Civ. Act. No. 04-1424-JJF

_________________________________ United States District Judge

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CERTIFICATE 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/ Thomas E. Brown Thomas E. Brown Deputy Attorney General Del. Dept. of Justice Counsel for Respondents Date: April 22, 2005

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CERTIFICATE OF SERVICE The undersigned, being a member of the Bar of this Court, hereby certifies that on April 22, 2005 he caused to be electronically filed the attached document (motion for extension of time to file state court records) with the Clerk of the Court using CM/ECF. I hereby certify that on April 22, 2005 I have also caused to be mailed by first class U.S. Mail two copies of the document to the following non-registered participant, the petitioner: Eric Witherspoon (No. 888967) Souza Baranowski Corr. Ctr. Post Office Box 8000 Shirley, MA 01464.

/s/ Thomas E. Brown Thomas E. Brown Deputy Attorney General Del. Dept. of Justice Counsel for Respondents Date: April 22, 2005