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

Case 1:07-cv-00001-JJF

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Filed 05/30/2007

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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. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-01-JFF

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 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. 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. In the past week, counsel has filed, and continues to work on, numerous

matters in State courts, including an answering brief in a non-capital first degree murder direct appeal. As a result, the undersigned has been unable to obtain the certified state court records in order to file them with the respondents' answer. The undersigned now anticipates obtaining and copying the records on or before June 15, 2007. This is the second request for an extension to file these records

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4.

Respondents submit that an extension of time to June 15, 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: May 30, 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: May 30, 2007 Counsel for Respondents

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CERTIFICATE OF SERVICE I hereby certify that on May 30, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on May 30, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Verlin Alexander No. 098778 Howard R. Young Correctional Institution 1301 East 12th Street Wilmington, DE 19809 /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: May 30, 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 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 certified state court records related to this matter shall be filed on or before June 15, 2007.

Civ.Act.No. 07-01-JFF

____________________________ United States District Judge

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