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

Case 1:07-cv-00462-JJF Document 21 Filed O2/O1/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DONALD L. DAILEY, SR. , )
Petitioner, )
)
v. ) Civ. A. No. 07-462-JJF
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THOMAS L. CARROLL, ET AL, ) ‘ F I L E »'` -
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.__. . .A._ D IST I F WA E ____ _ _ _
PETITIONER'S MOTION FOR EXTENSION OF TIME ¥3{) $r¤,wy14§
Pursuant to Rule 6(bq) , F.R.Civ.P. the Petitoner requests that thas Court
grant him an enlargement of time within which to file his response to the
Respondent's Answer. In support he offers the following:
1. Petitoner is not legally skilled and has been relying on other inmates _
to litigate for him in this matter. The most recent inmate assisting him has
abandoned him.at this crucial moment when the response is required to be made
to the Respondent's answer. Petitioner must review all the documents the
inmate had and figure out what to do, and how to do it, or to find another {
person to help him.
2. Petitioner is sequested from the general prison population and does not
have access to the main law library. He relies on a satellite library from
a
which to research and is limited to a few case cite requests per week. He is !
then required to struggle with reading and understanding the cases and then
attempt to draft a document in response to the Respondent’s answer. This is a 2
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Case 1 :07-cv-00462-JJF Document 21 Filed O2/O1/2008 Page 2 of 4
very time consuming and tedious project, which may demand that Petition
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make several requests before getting the right cases since it is a paging
system in which he relies upon clerks in the satellite law library.
3. Without the enlargement of time the Petitioner will not be able to make
the required response to the Respondent's answer and the interest of justice
will not be served. .
Wherefore, the Petitioner prays that this Court will grant him an additional i
30 days within which to file a response to the respondent's answer, of until
March 14, 2008.
January 31, 2008.
Respectfully submitted,
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Donald L. Dailey, Sr. _
Delaware Correctional Center
1181 Paddock Road`
· Smyrna, DE 19977
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Case 1 :07-cv-00462-JJF Document 21 Filed O2/O1/2008 Page 3 of 4
Certificate of Service
I, Donald L. Dailey, Sr,, swear that I have served Mr. Gregory E. Smith
true copies of my motion for extension of time via mail on this 3lst day of
January, 2008.
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Donald L. Dailey, Sr.
Delaware Correctional Center
ll8l Paddock Road
Smyrna, DE 19977
Mr. Gregory E. Smith, Esquire ‘
Department of Justice
S20 N. French Street, 6th Fl.
Wilmington, Delaware 19801
1
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