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

Case 1:06-cv-00472-GMS

Document 13

Filed 11/08/2006

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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's present caseload has prevented him from completing an answer to Brathwaite's six- ground petition for writ of habeas corpus within forty- five days, as ordered by this Court. The undersigned anticipates completing the answer to the instant petition by December 22, 2006. This is Respondent's first request for an extension of time.

Case 1:06-cv-00472-GMS

Document 13

Filed 11/08/2006

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4.

Respondent submits that an extension of time to and including December 22, 2006 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: November 8, 2006

Case 1:06-cv-00472-GMS

Document 13-2

Filed 11/08/2006

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: November 8, 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

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Filed 11/08/2006

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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 December 22, 2006.

________________________ Gregory M. Sleet United States District Judge

Case 1:06-cv-00472-GMS

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Filed 11/08/2006

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CERTIFICATION OF SERVICE The undersigned certifies that on November 8, 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 November 8, 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