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

Case 1:07-cv-00495-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RECARDO WEATHERSPOON, Petitioner, v. ELIZABETH BURRIS, Acting Warden and JOSEPH R. BIDEN III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-495-***

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, Recardo Weatherspoon, has applied for federal habeas relief,

alleging error by the state courts. D.I. 2. Respondents filed their answer on November 1, 2007. D.I. 13. . 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 the large volume of record retrieval recently required by prosecutors in the

Appeals Division, the undersigned has been unable to obtain the certified state court records in order to file them contemporaneously with the answer. The undersigned anticipates obtaining and copying the records on or before December 3, 2007.

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4.

Respondents submit that an extension of time to December 3, 2007 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: November 1, 2007

/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 Counsel for Respondents

Date: November 1, 2007

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CERTIFICATE OF SERVICE I hereby certify that on November 1, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on November 1, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Recardo Weatherspoon No. 190626 1181 Paddock Road Delaware Correctional Center 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: November 1, 2007

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Case 1:07-cv-00495-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RECARDO WEATHERSPOON, Petitioner, v. ELIZABETH BURRIS, Acting Warden and JOSEPH R. BIDEN III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) ) ORDER This _____day of _________________________, 2007, 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 respondents' answer shall be filed on or before December 3, 2007.

Civ.Act.No. 07-495-***

____________________________ United States District Judge

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