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

Case 1:06-cv-00472-GMS

Document 15

Filed 12/21/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

KEVIN C. BRATHWAITE, Petitioner, v. THOMAS L. CARROLL, Respondent.

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C.A.No. 06-472-GMS

MOTION FOR EXTENSION OF TIME TO FILE ANSWER

1.

The petitioner, Kevin Brathwaite, has applied for federal habeas relief challenging the validity of his convictions. (D.I. 1).

2.

By the terms of the Court's order, the respondent is directed to answer the petition and attach to the answer certified copies of the state court records material to the questions raised in the petitioner's writ. (D.I. 8)

3.

The undersigned has recently experienced an unanticipated seasonal illness that has resulted in his absence from the office. An answer has been started, but will not be completed by December 22, 2006. This is Respondent's second request for an extension of time.

Case 1:06-cv-00472-GMS

Document 15

Filed 12/21/2006

Page 2 of 2

4.

Respondent submits that an extension of time to and including January 19, 2007 in which to complete the answer in this case is reasonable. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/____________________________ Gregory E. Smith, I.D. No. 3869 Deputy Attorney General 820 North French Street, 6th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398

Dated: December 21, 2006

Case 1:06-cv-00472-GMS

Document 15-2

Filed 12/21/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

KEVIN C. BRATHWAITE, Petitioner, v. THOMAS L. CARROLL, Respondent.

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C.A.No. 06-472-GMS

STATEMENT OF COUNSEL PURSUANT TO LOCAL RULE 7.1.1 COMES NOW, Deputy Attorney General Gregory E. Smith, Counsel for Respondent, and pursuant to D. Del. LR 7.1.1 does hereby make the following statement: 1. The undersigned has not corresponded or attempted to contact Petitioner as he is incarcerated, but anticipates that the instant Motion is opposed.

STATE OF DELAWARE DEPARTMENT OF JUSTICE

Dated: December 21, 2006

/s/____________________________ Gregory E. Smith, I.D. No. 3869 Deputy Attorney General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398

Case 1:06-cv-00472-GMS

Document 15-3

Filed 12/21/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

KEVIN C. BRATHWAITE, Petitioner, v. THOMAS L. CARROLL, Respondent.

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C.A.No. 06-472-GMS

ORDER Whereas, Respondent Thomas Carroll has requested an extension of time in which to answer Brathwaite's petition for writ of habeas corpus and has presented reasonable cause for the request; IT IS SO ORDERED this ____ day of __________, 200__, that Respondent's answer shall be due on or before January 19, 2007.

________________________ Gregory M. Sleet United States District Judge

Case 1:06-cv-00472-GMS

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Filed 12/21/2006

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CERTIFICATION OF SERVICE The undersigned certifies that on December 21, 2006, he electronically filed the attached Motion for Extension of Time with the Clerk of Court using CM/ECF. The undersigned further certifies that on December 21, 2006 that he mailed by United States Postal Service the document(s) to the following non-registered participant:

Kevin C. Brathwaite SBI No. 00315294 Delaware Correctional Center 1181 Paddock Road Smyrna, Delaware 19977

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/____________________________ Gregory E. Smith, ID # 3869 Deputy Attorney General 820 North French Street, 6th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398