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

Case 1:06-cv-00578-GMS

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Filed 05/10/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES E. ALLEN, Petitioner, v. THOMAS CARROLL, Warden, and JOSEPH R. BIDEN, III, Attorney General of the State of Delaware, Respondents. : : : : : : : : : : :

Civ. Act. No. 06-578-GMS

THIRD MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, James E. Allen, has applied for federal habeas relief challenging

an amendment to his November 2002 indictment by a Delaware Superior Court grand jury for attempted first degree robbery, attempted second degree burglary, possession of a firearm during the commission of a felony and related offenses. D.I. 1. The undersigned filed an answer to the petition on March 9, 2007. 2. By the terms of the Court's order of March 13, 2007, the respondents were to file

certified copies of the state court records material to the questions raised in the petitioner's appeal by April 13, 2007. 3. Due to scheduling problems and a burdensome caseload, the undersigned has The

been unable to obtain the certified state court records in order to file them today. undersigned now anticipates obtaining and copying the records on or before June 1, 2007.

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4.

Respondents submit that an extension of time to June 1, 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/ Elizabeth R. McFarlan Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 3759 [email protected] Date: May 10, 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/ Elizabeth R. McFarlan Deputy Attorney General Counsel for Respondents

Date: May 10, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES E. ALLEN, Petitioner, v. THOMAS CARROLL, Warden, and JOSEPH R. BIDEN, III, Attorney General of the State of Delaware, Respondents. : : : : : : : : : : :

Civ. Act. No. 06-578-GMS

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 shall be filed on or before June 1, 2007.

____________________________ United States District Judge

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CERTIFICATE OF SERVICE I hereby certify that on May 10, 2007, I electronically filed this motion for extension of time to file certified state court records with the Clerk of Court using CM/ECF. I also hereby certify that on May 10, 2007, I have mailed by United States Service, two copies of the same document to the following non-registered participant: James E. Allen 1 Andover Court New Castle, DE 19720

/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]