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

Case 1:07-cv-00740-JJF

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Filed 03/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMAR WHITE, Petitioner, v. PERRY PHELPS, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-740-JJF

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Jamar White, has applied for federal habeas relief, alleging error by the state courts. D.I. 1. The undersigned filed an answer to the petition on March 14, 2008. See D.I. 14. 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 case. 3. Due to counsel' schedule and court obligations, the undersigned has been s

unable to collect petitioner' state trial court records in time to file them s contemporaneously with respondents' answer. necessary records on or before March 28, 2008. Counsel anticipates obtaining the

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4.

Respondents submit that an extension of time to March 28, 2008 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.

DATE: March 14, 2008

/s/ Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836

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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/ Kevin M. Carroll Deputy Attorney General Date: March 14, 2008 Counsel for Respondents

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CERTIFICATE OF SERVICE I hereby certify that on March 14, 2008, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on March 14, 2008, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Jamar White No. 414978 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 /s/ Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836 [email protected] Date: March 14, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMAR WHITE, Petitioner, v. PERRY PHELPS, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) ) ORDER This _____day of _________________________, 2008, WHEREAS, respondents having requested an extension of time in which to file certified state court records, 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 certified state court records related to this matter shall be filed on or before May 28, 2008.

Civ.Act.No. 07-740-JJF