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

Case 1:07-cv-00374-GMS

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Filed 11/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GLEN W. DUCOTE, Petitioner, v. ELIZABETH BURRIS, Acting Warden and JOSEPH R. BIDEN III, Attorney General for the State of Delaware Respondents.1 ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-374-GMS

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Glen Ducote, has applied for federal habeas relief, alleging two

points of error in his State court proceedings. D.I. 1. The undersigned filed an answer to the petition on November 16, 2007. D.I. 14. 2. By the terms of the Court's order, the respondents are directed to attach to the

answer certified copies of the state court records material to the questions raised in the petitioner's case. 3. The Deputy Attorney General responsible for retrieving certified state court

records has been sick and, consequently, out of the office for much of November. Given his absence and the upcoming holiday schedule, the undersigned anticipates that the necessary records should be available on or before December 21, 2007.

See Fed.R.Civ.P. 25(d)(1). Attorney General Joseph R. Biden, III, assumed office on January 2, 2007, replacing former Attorney General Carl C. Danberg, an original party to this case. Elizabeth Burris was named Acting Warden, effective September 1, 2007.

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4.

Respondents submit that an extension of time to December 21, 2007 in which to

file certified copies of the material portions of the state court records in this case is reasonable. Respondents submit herewith a proposed order.

DATE: November 16, 2007

/s/ Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836

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RULE 7.1.1 CERTIFICATION I hereby certify that I have neither sought nor obtained the consent of the petitioner, who is incarcerated and appearing pro se, to the subject matter of this motion.

/s/ Kevin M. Carroll Deputy Attorney General Counsel for Respondents

Date: November 16, 2007

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CERTIFICATE OF SERVICE I hereby certify that on November 16, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on November 16, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Glen Ducote No. 210611 1181 Paddock Road Delaware Correctional Center Smyrna, DE 19977 /s/Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836 [email protected]

Date: November 16, 2007

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Filed 11/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GLEN W. DUCOTE, Petitioner, v. ELIZABETH BURRIS, Acting Warden and JOSEPH R. BIDEN III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) ) ORDER This _____day of _________________________, 2007, WHEREAS, respondents having requested an extension of to file certified state court records, and WHEREAS, it appearing to the Court that the requested extension is timely made and good cause has been shown for the extension, IT IS HEREBY ORDERED that respondents' answer shall be filed on or before December 21, 2007.

Civ.Act.No. 07-374-GMS

____________________________ United States District Judge