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

Case 1:04-cv-01308-KAJ

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CORNELIUS HARLEY Plaintiff, v. WARDEN RAPHAEL WILLIAMS and C/O CANNON Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No.04-1308-KAJ Trial Jury Demanded

DEFENDANT CANNON'S MOTION FOR ENLARGEMENT OF TIME

COMES NOW the defendant, C/O Mark Cannon and through counsel, Ophelia M. Waters, Deputy Attorney General, and request this Honorable Court, pursuant to Fed. R. Civ. P. 6(b), grant an enlargement of time within which to file a responsive pleading in the above captioned case. In support of this motion, defendant offers the following: 1. Cornelius A. Harley ("Plaintiff") filed this Complaint with leave to proceed in forma 1983, on or about September 28, 2004. (D.I.#2). Although not stated as

pauperis pursuant to 42 U.S.C.

such, it appears the plaintiff is alleging Eighth Amendment violations of cruel and unusual punishment. On or about October 19, 2004, plaintiff was granted in forma pauperis status.(D.I.#4). On or about November 8, 2004, by Order of the Court, service of process was ordered upon the defendants and the Office of the Attorney General. (D.I.#6). On or about March 11, 2005, by Order of the Court, the case was dismissed without prejudice for failure of service of process. (D.I.#10). 2. On or about March 15, 2005, the Court issued an Amended Order dismissing the State of

Delaware and Department of Corrections ("DOC") from the case for failure to serve process upon the defendants. On or about March 18, 2005, service was executed upon defendant Raphael Williams.

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(D.I.#14) however, service upon the Attorney General's office as well as defendant Cannon was not executed. 3. Counsel became aware of this lawsuit on or about May 23rd when the complaint was

faxed to the Attorney General's office from Gander Hill. On or about May 24, 2005, defendant Williams filed a motion for enlargement of time of thirty (30) days until June 23, 2005, in which to file a response. Defendant's motion for enlargement of time was granted on or about May 25, 2005. (D.I.#21). Since the filing of that motion service was executed upon defendant Cannon on or about June 3, 2005. (D.I.#22). To date, the Office of the Attorney General has not been served. 4. Counsel requests the additional time granted to defendant Williams, until on or before

June 23rd to file a response be also extended to defendant Cannon. 5. This is the defendant Cannon's first request for an extension of time to file a

dispositive motion in this matter. 6. A form of order is attached to this motion that will grant the defendant an extension from

June 8, 2005, today's date until on or before June 23, 2005, to file defendant Cannon's response to plaintiff s Complaint. WHEREFORE, for the hereinabove reasons, defendant respectfully requests that the Court grant the herein motion for an extension of time and set the deadline for filing a response on or before June 23, 2005. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M Waters Ophelia M. Waters, ID#3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Fl. Wilmington, DE 19801 [email protected]

Dated: June 8, 2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CORNELIUS HARLEY Plaintiff, v. WARDEN RAPHAEL WILLIAMS and C/O CANNON Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No.04-1308-KAJ Trial Jury Demanded

ORDER

This

day of

, 2005, IT IS HEREBY ORDERED, that Defendant

Cannon's Motion for Enlargement of Time is GRANTED and, Defendant shall file a response to Plaintiff s Complaint on or before June 23, 2005.

____________________ Judge Kent A. Jordan

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CORNELIUS HARLEY Plaintiff, v. WARDEN RAPHAEL WILLIAMS and C/O CANNON Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No.04-1308-KAJ Trial Jury Demanded

7.1.1 CERTIFICATION OF COUNSEL The counsel for the Defendant, Deputy Attorney General Ophelia M. Waters, files this certification in compliance with Rule 7.1.1 of the Local Rules of Civil Procedure and certifies that: 1. The plaintiff is an inmate incarcerated in the Delaware Correctional system, at the

Howard R. Young Correctional Facility ( Gander Hill") Wilmington, Delaware. 2. The counsel for defendant therefore, has spent no time in attempting to reach an

agreement by telephone on the subject of the motion for enlargement of time. 3. She assumes that the motion is opposed

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DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Ophelia M. Waters Ophelia M.Waters, ID#3879 Deputy Attorney General Department of Justice State of Delaware 820 N. French St. Wilmington, De 19801 (302)577-8400 [email protected] Attorney for Defendants

Dated: June 8, 2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CORNELIUS HARLEY Plaintiff, v. WARDEN RAPHAEL WILLIAMS and C/O CANNON Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No.04-1308-KAJ Trial Jury Demanded

16.5 CERTIFICATION In compliance with Local Rule of Civil Procedure 16.5, counsel for the defendant making the request for an extension of time files this certification and states: I certify that I have sent a copy of the request for an extension of time to file a response to plaintiff s Complaint to defendant Mark Cannon.

DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Ophelia M. Waters Ophelia M.Waters, ID#3879 Deputy Attorney General Department of Justice State of Delaware 820 N. French St. Wilmington, De 19801 (302)577-8400 Attorney for Defendant [email protected] Dated: June 8, 2005

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CERTIFICATE OF MAILING AND/OR DELIVERY
The undersigned certifies that on June 8, 2005, she caused the attached Defendant Cannon's Motion for Enlargement of Time to be delivered to the following person(s) in the form and manner indicated:

NAME AND ADDRESS OF RECIPIENT(S): Cornelius Harley, Inmate SBI#00117751 Howard R. Young Correctional Facility (Gander Hill) 1301 East 12th Street Wilmington, De 19809

MANNER OF DELIVERY: _____ One true copy by facsimile transmission to each recipient. X Two true copies by first class mail, postage prepaid, to each recipient.

_____ Two true copies by Federal Express. _____ Two true copies by hand delivery to each recipient.

/s/ Ophelia M. Waters Ophelia M. Waters, ID#3879 Deputy Attorney General Attorney for Defendant Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 [email protected]