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

Case 1:07-cv-00233-JJF

Document 16

Filed 11/29/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

BEN ROTEN, Petitioner, v. MIKE DELOY, et al., Respondents.

) ) ) ) ) ) ) ) )

Civ. Act. No. 07-233-JJF

MOTION FOR EXTENSION OF TIME TO FILE ANSWER

1.

The petitioner, Ben Roten, has applied for federal habeas relief challenging the validity of his convictions. (D.I. 1).

2.

By the terms of the Court's order, the respondent is directed to answer the petition and attach to the answer certified copies of the state court records material to the questions raised in the petitioner's writ. (D.I. 8)

3.

The undersigned has completed a draft answer to the petition, but is still awaiting review of that answer by his supervisor. Respondent seeks two additional business days for the review to be comple ted. Furthermore, Respondent seeks and additional month to obtain and file certified state court records. This is Respondent's second request for an extension of time.

Case 1:07-cv-00233-JJF

Document 16

Filed 11/29/2007

Page 2 of 2

4.

Respondent submits that an extension of time to and including December 4, 2007 in which to complete the answer, and an extension of time until December 28, 2007 to filed certified state court records in this case is reasonable. STATE OF DELAWARE DEPARTMEN T OF JUSTICE /s/_Gregory E. Smith_________ Gregory E. Smith, I.D. No. 3869 Deputy Attorney General 820 North French Street, 6th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398

Dated: November 29, 2007

Case 1:07-cv-00233-JJF

Document 16-2

Filed 11/29/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

BEN ROTEN, Petitioner, v. MIKE DELOY, et al., Respondents.

) ) ) ) ) ) ) ) )

Civ. Act. No. 07-233-JJF

STATEMENT OF COUNSEL PURSUANT TO LOCAL RULE 7.1.1 COMES NOW, Deputy Attorney General Gregory E. Smith, Counsel for Respondent, and pursuant to D. Del. LR 7.1.1 does hereby make the following statement: 1. The undersigned has not corresponded or attempted to contact Petitioner as he is incarcerated, but anticipates that the instant Motion is opposed.

STATE OF DELAWARE DEPARTMENT OF JUSTICE

Dated: November 29, 2007

/s/_Gregory E. Smith__________ Gregory E. Smith, I.D. No. 3869 Deputy Attorney General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398

Case 1:07-cv-00233-JJF

Document 16-3

Filed 11/29/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

BEN ROTEN, Petitioner, v. MIKE DELOY, et al., Respondents.

) ) ) ) ) ) ) ) ) ORDER

Civ. Act. No. 07-233-JJF

Whereas, Respondent Mike Deloy has requested an extension of time in which to answer Roten's petition for writ of habeas corpus and has presented reasonable cause for the request; IT IS SO ORDERED this ____ day of __________, 2007, that Respondent's answer shall be due on or before December 4, 2007, and copies of certified state court records shall be filed on or before December 28, 2007.

________________________ Joseph J. Farnan, Jr. United States District Judge

Case 1:07-cv-00233-JJF

Document 16-4

Filed 11/29/2007

Page 1 of 1

CERTIFICATION OF SERVICE The undersigned certifies that on November 29, 2007, he electronically filed the attached Motion for Extension of Time with the Clerk of Court using CM/ECF. The undersigned further certifies that on November 16, 2007 that he mailed by United States Postal Service the document(s) to the following non-registered participant:

Benny Ray Roten SBI No. 520385 Sussex Correctional Institution P.O. Box 500 Georgetown, Delaware 19947

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/_Gregory E. Smith__________ Gregory E. Smith, ID # 3869 Deputy Attorney General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398