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

Case 1:07-cv-00473-GMS

Document 5

Filed 12/12/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

DAVID STEVENSON, Petitioner,

v. CARL C. DANBERG, Respondent.

: : : : : : : : : :

Civil Action Case No. 1:07-cv-00473-GMS

DEATH PENALTY CASE Electronically Filed

______________________________________________________________ PETITIONER'S UNOPPOSED MOTION FOR SIXTY-DAY EXTENSION FOR FILING PETITION FOR WRIT OF HABEAS CORPUS ______________________________________________________________ Petitioner, David Stevenson, respectfully requests that this Honorable Court grant his unopposed motion for additional time to file his habeas petition and submits as follows: 1. On July 30, 2007, Petitioner filed a motion for appointment of

counsel in federal court and for leave to proceed in forma pauperis. On August 14, 2007, this Court granted Petitioner's motion and appointed undersigned counsel. The Court ordered that a habeas petition be filed on or before December 13, 2007.

Case 1:07-cv-00473-GMS

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2.

The record in this case is quite extensive. Counsel has been

reviewing the record and has begun the process of comprehensive investigation into Petitioner's case. Simply, counsel requires additional time to complete investigation, review of the record and complete legal research. 3. This request is made in good faith and is not predicated on an intent

to delay, nor is it intended to prejudice Respondent. This motion is being made because of the specific needs of this capital case and because of counsel's obligation to provide professionally appropriate representation for this capital client. 4. Loren Myers, Esq., Chief of the Appellate Division of the Delaware

Department of Justice, has graciously indicated that he has no objection to this request for an extension. 5. Under these circumstances, Petitioner requests that the Court allow an

extension of sixty (60) days to enable counsel to provide professional pleadings to the Court and effective representation to this death-sentenced prisoner on appeal.

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WHEREFORE, Appellant respectfully requests that the Court grant this request for a sixty (60) day extension. A proposed order is attached.

Respectfully Submitted, s/ Michael Wiseman Pa Bar No.48308 Shawn Nolan Pa Bar No. 56535 Federal Community Defender Office for the Eastern District of Pennsylvania Suite 545 West, The Curtis Center Independence Square West Philadelphia, Pennsylvania 19106 (215) 928-0520

December 12, 2007

Case 1:07-cv-00473-GMS

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CERTIFICATE OF SERVICE

On this 12th day of December, 2007, I delivered by first class United States mail and via efiling a copy of Petitioner's Unopposed Motion for Sixty Day Extension for Filing Petition for Writ of Habeas Corpus to: Loren C. Meyers, Esquire Chief of Appeals 820 North French Street, 7th Floor Wilmington, DE 19801

SWORN TO AND SUBSCRIBED before me the day and year aforesaid. s/ Michael Wiseman Michael Wiseman Attorney At Law

Case 1:07-cv-00473-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

DAVID STEVENSON, Petitioner,

v. CARL C. DANBERG, Respondent.

: : : : : : : : : :

Civil Action Case No. 1:07-cv-00473-GMS

DEATH PENALTY CASE Electronically Filed

___________________________________ ORDER ___________________________________

AND NOW, this ______ day of December, 2007, Petitioner's Unopposed Motion for Sixty Day Extension for Filing Petition for Writ of Habeas Corpus is GRANTED. Petitioner shall file his Petition for a Writ of Habeas Corpus on or before February 12, 2008.

BY THE COURT:

____________________________ United States District Judge