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

Case 1:06-cv-00583-JJF

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Filed 03/01/2007

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

Civ.Act.No. 06-583-JJF

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

several point of error in the admission of a codefendant's statement in his original trial. D.I. 1 at 6-12. The undersigned filed an answer to the petition on February 2, 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. Due to the large caseload of prosecutors in the appeals division, the undersigned

has been unable to obtain the certified state court records in order to file them contemporaneously with the answer. Due to the heavy demands of the office, counsel has been delayed further than anticipated. The undersigned now anticipates obtaining and copying the records on or before March 30, 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 March 30, 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: March 1, 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: March 1, 2007 Counsel for Respondents

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CERTIFICATE OF SERVICE I hereby certify that on March 1, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on March 1, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Jermaine Barnett SBI No. 330792 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 Date: March 1, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JERMAINE BARNETT, Petitioner, v. THOMAS CARROLL, 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 March 30, 2007.

Civ.Act.No. 06-583-JJF

____________________________ United States District Judge