Case 1:07-cv-00624-JJF
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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 Pursuant to Rule 6 of the Federal Rules of Civil Procedure, respondents move for an extension of time in which to file an answer to the petition. In support thereof, respondents state the following: 1. The petitioner, Demerris Walker, has applied for federal habeas relief,
alleging a variety of errors in his state court criminal proceedings. D.I. 1. By the terms of the Court's order, the answer was due to be filed on January 28, 2008. 2. Due to an administrative error, counsel was not assigned this case until
January 29, 2008. 3. Under Habeas Rule 4, the Court has the discretion to give respondents an
extension of time exceeding the 40-day limit in Civil Rule 81(a)(2). Clutchette v. Rushen, 770 F.2d 1469, 1473-74 & n.4 (9th Cir. 1985); Kramer v. Jenkins, 108 F.R.D. 429, 431-32 (N.D. Ill. 1985). The comment to Rule 4 expressly states that the district court has "the discretion to take into account various factors such as the respondent's workload" in determining the period of time that should be allowed to answer the petition.
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4. 5.
This is respondents' first request for an extension of time in this case. Respondents submit that an extension of time to and including February
29, 2008, in which to file an answer 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 1, 2008
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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/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Counsel for Respondents
Date: February 1, 2008
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CERTIFICATE OF SERVICE I hereby certify that on February 1, 2008, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on February 1, 2008, I mailed, by United States Postal Service, the same documents to the following nonregistered participant:
Demerris Walker SBI # 318389 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 1, 2008
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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 an answer, and WHEREAS, it appearing to the Court that good cause has been shown for the requested extension, IT IS HEREBY ORDERED that respondents' answer shall be filed on or before February 1, 2008.
Civ.Act.No. 07-624-JJF
____________________________ United States District Judge