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

Case 1:07-cv-00495-JJF

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Filed 10/31/2007

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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.1 ) ) ) ) ) ) ) ) ) ) )

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. By the terms of the Court's order, the answer is due to be filed on November 1, 2007. 2. The undersigned has completed the supplemental answer to Alexander' petition s

for a writ of habeas corpus. However, due to Department of Justice procedure, the Chief of the Appeals Division must review all filings before they are submitted. Unfortunately, several personal matters have kept the Chief of the Appeals Division out of the office for a majority of the past week and a half. Counsel now anticipates that review of the supplemental answer should be completed by November 16, 2007.

See Fed.R.Civ.P. 25(d)(1). Attorney General Joseph R. Biden, III, assumed office on January 2, 2007, replacing former Attorney General Carl C. Danberg, an original party to this case. Elizabeth Burris was named Acting Warden, effective September 1, 2007.

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Case 1:07-cv-00495-JJF

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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). 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 November 16,

2007, in which to file an answer is reasonable. Respondents submit herewith a proposed order.

/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: October 31, 2007

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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: October 31, 2007

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CERTIFICATE OF SERVICE I hereby certify that on October 31, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on October 31, 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: October 31, 2007

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Case 1:07-cv-00495-JJF

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Filed 10/31/2007

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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 an answer, 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 November 16, 2007.

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

____________________________ United States District Judge

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