Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00363-KAJ Document 23 Filed 12/20/2005 Page 1 of 2
OFHCEOFTHECLERK
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Pcwr T. Dallco LOCKBOX [8
c1.ER1< OF COURT 844 Kino STREET
US.COURTHOUSE
WILMINGTON, oE1.AwA1 (302)s73·61v0
December 20, 2005
TO: Richard D. McCane
SBI# 228278
SCI
P.O. Box 500
Georgetown, DE 19947
RE: Service Letter; 04—363(KAJ)
Dear Mr. McCane:
Papers have been received by this office for filing in the
above matter which do not conform to: Federal Rules of Civil
Procedure 5; District of Delaware Local Rules of Civil Practice and
Procedure 5.2.(a) & 5.3.
The papers will be docketed but no action will be taken by the
Court until the discrepancies are corrected. In order for your
documents to be acceptable for filing, they.must be served by·you,
upon all local counsel of record, and this must be indicated on an
Affidavit or Certificate of Service, attached to the back of your
request (motion or pleading).
A copy of the current local counsel attorney listing (with
addresses) for this case is attached for your convenience.
Your corrected filing, (please sign your certificate of
service and provide a copy with an original signature) to include
the certificate of service, should be sent to this office for
processing
KINDLY RETURN A COPY OF THIS LETTER WITH YOUR CORRECTED DOCUMENTS.
Sincerely,
/bad PETER T. DALLEO
CLERK
cc: The Honorable Kent A. Jordan
MLC

Case1:04-cv—00363-KAJ Document 23 Filed 12/20/2005 Page2of2
R
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICHARD D. MSGANE, )
Petitioner, g
vo E - Civil Action No, 0&—565—KAJ
RICHARD KEARNEY 3
` Warden, and M. JANE
BRADY, Attorney General
of the State of _
_Delaware,
Respondents, g n V"”"TTE’*TIf€”“`"‘“j
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NOTICE of MOTION {Li L——-———~~»— {
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Comes now the Petitioner, RICHARD D. McCANE, in request of
an Ektention of Time to file Request for Certificate of Appealability
according to the standards set forth in 28 U.S.C § 2255~(c)(2)¤
Petitioner has reason(s) for request of Extention of Time, (a),
Petitioner has had recent surgery, and (b), due to the seasonal time
of year (Christmas), Petitioner has limited access to materials/time
in the Law Library here at S.C.I°
This Request comes because Petitioner/"Applicant" can make "a
substantial showing of denial of constitutional right(s)."
This is in accordance with with the ruling set forth in 28 U.S.C
§ 2253 (c)(2)¤ At trial, the Petitioner‘s Fifth and Fourteenth
Constitutional rights were violated, and the Federal Constitution
is the "Guardian of those Rights."
Petitioner can show cause where said rights were violated at trial
(through transcripts), which overcome State Procedural Barso
Thank you for your time and attention
in this matter, gz}; /{g%)#@EZum

Case 1:04-cv-00363-KAJ

Document 23

Filed 12/20/2005

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Case 1:04-cv-00363-KAJ

Document 23

Filed 12/20/2005

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