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

Case 1:07-cv-00624-JJF

Document 13

Filed 02/29/2008

Page 1 of 4

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

Civ.Act.No. 07-624-JJF

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Demerris Walker, has applied for federal habeas relief,

alleging ineffective assistance of counsel and a variety of other errors in his state court criminal proceedings. D.I. 1. The undersigned filed an answer to the petition on February 29, 2008. 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. A request for certified records has been made has been made to the

Delaware Supreme Court. Counsel has not yet received any reply to this request. The undersigned anticipates obtaining the records no later than March 31, 2008. 4. records. This is respondents' FIRST request for an extension of time to file

Case 1:07-cv-00624-JJF

Document 13

Filed 02/29/2008

Page 2 of 4

5.

Respondents submit that an extension of time to March 31, 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.

/s/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4612 DATE: February 29, 2008

Case 1:07-cv-00624-JJF

Document 13

Filed 02/29/2008

Page 3 of 4

CERTIFICATE OF SERVICE I hereby certify that on February 29, 2008, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on March 3, 2008, I will mail, by United States Postal Service, the same documents to the following nonregistered participant:

Demerris Walker SBI # 00318389 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 /s/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4612 [email protected] Date: February 29, 2008

Case 1:07-cv-00624-JJF

Document 13

Filed 02/29/2008

Page 4 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DEMERRIS WALKER. 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 March 31, 2008.

Civ.Act.No. 07-624-JJF

____________________________ United States District Judge