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

Case 1:07-cv-00472-GMS

Document 9

Filed 01/22/2008

Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

MICHAEL MANLEY, Petitioner v. CARL C. DANBERG, Commissioner, Delaware Department of Correction; and THOMAS L. CARROLL, Warden, Delaware Correctional Center at Smyrna, Respondents

: : : : : : : : : :

CIVIL DOCKET: 1:07-CV-00472 CAPITAL HABEAS

JUDGE GREGORY M. SLEET Electronically Filed

PETITIONER'S MOTION FOR AN ADDITIONAL THIRTY DAYS IN WHICH TO FILE HIS PETITION FOR A WRIT OF HABEAS CORPUS ________________________________________________________________________ Petitioner, MICHAEL MANLEY, respectfully requests an additional thirty (30) days in which to investigate and prepare Petitioner's first counseled Petition for Writ of Habeas Corpus. In support of this motion, Petitioner states the following: 1. On July 30, 2007, Petitioner filed a Motion for Appointment of Federal Habeas

Corpus Counsel under 21 U.S.C. § 848(q)(4), and Leave to Proceed In Forma Pauperis. 2. On August 14, 2007, the Court entered an Order: granting Petitioner's request to

proceed in forma pauperis, appointing undersigned counsel to represent Petitioner, and granting Petitioner 120 days to file his Petition for Writ of Habeas Corpus, or, on December 12, 2007. 3. On November 30, 2007, Petitioner filed a motion for an additional forty-five (45)

days in which to file his Petition for Writ of Habeas Corpus, which the Court granted the same

1

Case 1:07-cv-00472-GMS

Document 9

Filed 01/22/2008

Page 2 of 5

day. The Petition is currently due on January 25, 2008. 4. In addition to their work in this case, over the last forty-five days undersigned

counsel have been responsible for the preparation and filing of the consolidated traverse to Respondents' answer to Petitioner's habeas and reply to Respondents' response to Petitioner's third motion for discovery in Bridges v. Beard, Civil No. 2:06-CV-00268 (E.D. Pa. Dec. 26, 2007) (Brody, J.)(capital); the preparation and filing of a reply/traverse in Spotz v. Beard, No. 3:06-cv-955 (M.D. Pa. Jan. 4, 2008) (Munley, J.) (capital); and currently have a Third Step Brief due in the United States Court of Appeals for the Third Circuit in United States of America v. Hammer, 06-9000 & 06-9001 on February 4, 2008. 5. The record in this case includes, but is not limited to: 18 volumes of transcripts

from the pretrial proceedings, jury selection and capital trial that occurred in 1996; 22 volumes of transcripts from the pretrial, jury selection and capital resentencing proceedings that took place in 2005; as well as several hundred pages of discovery, investigation reports, and other documents from prior counsel's files. 6. Counsel have been diligent and made significant progress in collecting and

reviewing the voluminous record and conducting the required investigation in preparation for Petitioner's Petition for a Writ of Habeas Corpus, but do not expect to complete it by January 25, 2008. In light of these considerations, counsel respectfully request an additional thirty days, or until February 24, 2008, in order to complete the Petition. 7. Habeas corpus is not simply an appellate proceeding, but rather an original civil

action in a federal court. See, e.g., Browder v. Director, Illinois Dept. of Corrections, 434 U.S. 257, 269 (1978); Neely v. United States, 546 F.2d 1059, 1065 (3d Cir. 1976). A proper, 2

Case 1:07-cv-00472-GMS

Document 9

Filed 01/22/2008

Page 3 of 5

counseled habeas petition can be prepared only after counsel has both reviewed the existing record and conducted an exhaustive extra-record investigation of the case. 8. Accordingly, Petitioner respectfully requests an additional thirty (30) days in order

to file the Petition for a Writ of Habeas Corpus. 9. This request is made in good faith because of counsel's ethical obligations to

provide professionally appropriate representation in this capital case and is not predicated on any intent to delay. 10. Pursuant to D. Del. LR 7.1.1, counsel has contacted counsel for Respondents,

Deputy Attorney General Loren C. Myers, who indicated that Respondents concur in this Motion. 11. Pursuant to D.Del. LR 16.4(b), counsel hereby certifies that a copy of this Motion

has been sent to Petitioner.

3

Case 1:07-cv-00472-GMS

Document 9

Filed 01/22/2008

Page 4 of 5

WHEREFORE, for the above reasons, Petitioner respectfully requests that the Court grant Petitioner an additional thirty (30) days, or until February 24, 2008 to file his Petition for a Writ of Habeas Corpus.

Respectfully submitted,

Date: January 22, 2008

s/ Anne L. Saunders ANNE L. SAUNDERS, ESQUIRE Asst. Federal Public Defender Attorney ID #PA 48458 BETH ANN MUHLHAUSER, ESQUIRE , Asst. Federal Public Defender Attorney ID #PA 74181 100 Chestnut Street, Suite 306 Harrisburg, PA 17101 Tel. No. (717) 782-3843 Fax No. (717) 782-3966 ([email protected]) ([email protected]) Attorneys for Michael Manley

4

Case 1:07-cv-00472-GMS

Document 9

Filed 01/22/2008

Page 5 of 5

CERTIFICATE OF SERVICE

I, Beth A. Muhlhauser, of the Federal Public Defender's Office do hereby certify that on this date I served a copy of the foregoing Motion by placing a copy in the United States mail, first class, in Harrisburg, Pennsylvania, addressed to the following: Loren C. Meyers, Esquire Deputy Attorney General 820 North French Street, 7th Floor Wilmington, DE 19801

Date: January 22, 2008

Respectfully submitted,

By: Beth Ann Muhlhauser BETH ANN MUHLHAUSER, ESQUIRE Asst. Federal Public Defender Attorney ID #PA 74181 100 Chestnut Street, Suite 306 Harrisburg, PA 17101 Tel. No. (717) 782-3843 Fax. No. (717) 782-3966 Email: [email protected] Attorney for Michael Manley

5

Case 1:07-cv-00472-GMS

Document 9-2

Filed 01/22/2008

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

MICHAEL MANLEY, Petitioner v. CARL C. DANBERG, Commissioner, Delaware Department of Correction; and THOMAS L. CARROLL, Warden, Delaware Correctional Center at Smyrna, Respondents

: : : : : : : : : :

CIVIL DOCKET: 1:07-CV-00472 CAPITAL HABEAS

JUDGE GREGORY M. SLEET Electronically Filed

ORDER And Now this ____ day of January, 2008, upon consideration of Petitioner's Motion for an Additional Thirty Days in Which to File His Petition for a Writ of Habeas Corpus, and the position of Respondents with respect to this Motion, it is hereby ORDERED: 1. 2. Petitioner's Motion is granted. Counsel are ordered to file a petition for writ of habeas corpus relief within thirty days of the date of this order.

__________________________ Gregory M. Sleet, J.