Free Motion for Leave to File Excess Pages - District Court of Delaware - Delaware

Case 1:07-cv-00472-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE _________________________________ : MICHAEL MANLEY, : CIVIL ACTION : Petitioner, : No. 1:07-CV-00472 : v. : THIS IS A CAPITAL CASE. CARL C. DANBERG, Commissioner, : Delaware Department of Correction; and : GREGORY M. SLEET, USDJ THOMAS L. CARROLL, Warden, : Delaware Correctional Center at Smyrna, : Respondents : : _________________________________ :

PETITIONER'S MOTION FOR LEAVE TO FILE CONSOLIDATED PETITION FOR WRIT OF HABEAS CORPUS AND MEMORANDUM OF LAW IN EXCESS OF PAGE LIMIT Petitioner, Michael Manley, through counsel, hereby respectfully moves for leave to file his Consolidated Petition for a Writ of Habeas Corpus and Memorandum of Law in excess of the page limit set forth in Local Civil Rule 7.1.3(a)(4). In support of this Motion, Petitioner states as follows: 1. 2. This is a capital habeas corpus proceeding. Petitioner's Consolidated Petition for Writ of Habeas Corpus by a Prisoner in State

Custody and Memorandum of Law is 250 pages. 3. While the Local Civil Rules do not provide for a page limit on a Petition for Writ of

Habeas Corpus, the Local Civil Rule 7.1.3(a)(4) does have a 40 page limit for a Memorandum in support of a Motion. Because Petitioner is filing a consolidated petition and memorandum, in an exercise of caution, Petitioner herein requests leave to file in excess of the page limit. 4. Counsel have endeavored to concisely present Petitioner's claims and arguments in

this capital habeas case. However, because of the number of claims (28), and the need to discuss the

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substantive and procedural aspects of each of those claims as well as the standards and application of 28 U.S.C. § 2254 to this Court's consideration of those claims, Petitioner has demonstrated, at a minimum, good cause for exceeding the page limit.1 5. Counsel have endeavored to concisely present Petitioner's arguments, and requests

this length extension in order to allow proper discussion of Petitioner's claims. 6. Pursuant to D. Del. LR 7.1.1, counsel has contacted counsel for Respondents, Deputy

Attorney General Loren C. Myers, and left a message seeking agreement in this Motion. As of the time of filing, counsel has not yet heard back from Respondents on this request. 7. Pursuant to D.Del. LR 16.4(b), counsel hereby certifies that a copy of this Motion has

been sent to Petitioner.

Other jurisdictions in this Circuit provide for larger page limits for habeas petitions and the memorandum of law in support of those petitions and also provide that the limit may be exceeded if the petitioner demonstrates "good cause." See U.S.D.C. Rules, MD Pa. LR 83.32.2.D. ("The petition/motion and memorandum together must not exceed 100 pages"); id. 83.32.2.H. ("Upon motion and for good cause shown, the judge may extend the page limits for any document"); U.S.D.C. Rules, ED Pa., Civil Rule 9.4(4) ("The petition/motion and memorandum together must not exceed 150 pages"); id. Rule 9.4(8) ("Upon motion and for good cause shown the judge may extend the page limits for any document"); U.S.D.C. Rules, WD Pa LR 9.4.D ("The petition/motion and memorandum together must not exceed 150 pages"); id. LR 9.4.H ("Upon motion and for good cause shown, the judge may extend the page limits for any document"); D.N.J., L.Civ.R. 81.3(e) (" The petition/motion and brief together must not exceed 100 pages"); id. 81.3(I) ("Upon motion (with notice to all adverse parties) and for good cause shown, the Judge may extend the page limits for any document"). 2

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WHEREFORE, Petitioner respectfully requests that his motion be granted. A proposed order is attached. Respectfully submitted,

Date: February 5, 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

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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 via ECF and 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: February 5, 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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE _________________________________ : MICHAEL MANLEY, : CIVIL ACTION : Petitioner, : No. 1:07-CV-00472 : v. : THIS IS A CAPITAL CASE. CARL C. DANBERG, Commissioner, : Delaware Department of Correction; and : GREGORY M. SLEET, USDJ THOMAS L. CARROLL, Warden, : Delaware Correctional Center at Smyrna, : Respondents : : : _________________________________ :

ORDER And Now this ____ day of February, 2008, upon consideration of Petitioner's Motion for Leave to File Consolidated Petition for Writ of Habeas Corpus by a Prisoner in State Custody and Memorandum of Law in Excess of Page Limit, it is hereby ORDERED that the Motion is GRANTED.

__________________________ Gregory M. Sleet, USDJ