Free Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00472-GMS

Document 14

Filed 02/08/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

MICHAEL MANLEY, Petitioner, v. CARL DANBERG, Commissioner, Delaware Department of Correction; and THOMAS L. CARROLL, 1 Warden, Delaware Correctional Center, Respondents.

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C.A. No. 07-472-GMS CAPITAL HABEAS

RESPONDENTS' RESPONSE TO PETITIONER'S MOTION TO STAY

Respondents do not oppose Petitioner's motion to stay the instant matter pending resolution of his pending Rule 61 motion for post-conviction relief filed in New Castle County Superior Court on January 25, 2008.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/_Gregory E. Smith__________ Gregory E. Smith, ID # 3869 Elizabeth R. McFarlan, ID # 3759 Deputy Attorneys General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398 Counsel for Respondents Dated: February 8, 2008

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Perry Phelps became Warden of the Delaware Correctional Center effective January 7, 2008.

Case 1:07-cv-00472-GMS

Document 14-2

Filed 02/08/2008

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CERTIFICATION OF SERVICE The undersigned certifies that on February 8, 2008, he electronically filed the attached Response to Motion to Stay with the Clerk of Court using CM/ECF which will send notification of such filing to the following registered participants: Anne L. Saunders, Esq. Beth Ann Muhlhauser, Esq. Assistant Federal Defenders 100 Chestnut Street, Suite 306 Harrisburg, PA 17101 Attorneys for Michael Manley

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/_Gregory E. Smith___________ Gregory E. Smith, ID # 3869 Deputy Attorney General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398