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

Case 1:06-cv-00786-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LYNN HARRIS, Petitioner, v. THOMAS CARROLL, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 06-786-***

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

error by the state courts. D.I. 2. The undersigned filed an answer to the petition on April 13, 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 appeal. Respondents were ordered to file the records on or before June 22, 2007. 3. Due to the large volume of record retrieval recently required by

prosecutors in the appeals division, the undersigned has been unable to obtain the certified state court records in order to file them by the appointed date. The undersigned anticipates obtaining and copying the records on or before July 23, 2007. 4. records. This is respondents' THIRD request for an extension of time to file

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5.

Respondents submit that an extension of time to July 23, 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.

/s/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4612 DATE: June 22, 2007

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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/ James T. Wakley Deputy Attorney General

Counsel for Respondents

Date: June 22, 2007

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CERTIFICATE OF SERVICE I hereby certify that on June 22, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on June 22, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant:

Lynn Harris SBI No. 297441 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 /s/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4612 [email protected] Date: June 22, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LYNN HARRIS, Petitioner, v. THOMAS CARROLL, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 06-786-***

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 July 23, 2007

____________________________ United States District Judge