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

Case 1:07-cv-00001-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE VERLIN J. ALEXANDER Petitioner, v. RALPH WILLIAMS, Warden and JOSEPH R. BIDEN III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-01-JFF

MOTION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL ANSWER 1. The petitioner, Verlin Alexander, has applied for federal habeas relief,

seeking pretrial dismissal of pending state court criminal charges. D.I. 1, at 5. The undersigned filed an answer to the petition on May 7, 2007. D.I. 10. The undersigned filed certified state court documents relating to Alexander's petition on October 11, 2007. See D.I. 25. Those documents revealed that on September 25, 2007, Alexander pled guilty to one count of third degree rape. See Docket Item 57 in Delaware Superior Court Criminal Action No. 0511011555. In light of Alexander's guilty plea, respondents

requested leave to file a supplemental answer. See D.I. 26. 2. The undersigned has completed the supplemental answer to Alexander's

petition for a writ of habeas corpus. However, due to Department of Justice procedure, the Chief of the Appeals Division must review all filings before they are submitted. Unfortunately, several personal matters have kept the Chief of the Appeals Division out

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of the office for a majority of the past week and a half. Counsel now anticipates that review of the supplemental answer should be completed by November 8, 2007. 3. answer. 4. Respondents submit that an extension of time to November 8, 2007 in This is respondents' first request for an extension to file the supplemental

which to file the supplemental answer in this case is reasonable. Respondents submit herewith a proposed order.

DATE: October 31, 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 Date: October 31, 2007 Counsel for Respondents

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CERTIFICATE OF SERVICE I hereby certify that on October 31, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on October 31, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Verlin Alexander No. 098778 Delaware Correctional Center 1181 Paddock Road 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: October 31, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE VERLIN J. ALEXANDER Petitioner, v. RALPH WILLIAMS, 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 time in which to file the supplemental answer, 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 certified state court records related to this matter shall be filed on or before November 8, 2007.

Civ.Act.No. 07-01-JFF

____________________________ United States District Judge

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