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

Case 1:06-cv-00356-GMS

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Filed 11/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Petitioner, : : v. : : THOMAS L. CARROLL, : Warden, and CARL C. DANBERG, : Attorney General for the State of Delaware, : : Respondents. : DAMONE E. FLOWERS,

Civ. Act. No. 06-356-GMS

MOTION FOR EXTENSION OF TIME Pursuant to Rule 6 of the Federal Rules of Civil Procedure, respondents move for an extension of time in which to file an answer to the petition. In support thereof, respondents state the following: 1. The petitioner, Damone E. Flowers, has applied for federal habeas relief, challenging

his April 2003 conviction by a Delaware Superior Court jury for first degree murder and possession of a firearm during the commission of a felony. D.I. 2. By the terms of the Court's order, the answer is due to be filed on November 20, 2006. D.I. 22. 2. Counsel has diligently been working on the answer in this case and has completed a

substantial portion, but cannot complete the answer by Monday. Petitioner has alleged seventeen separate claims, one of which is broken down into several subparts. In addition to his petition (D.I. 2), Flowers also filed a 128-page opening brief in support of his petition (D.I. 5), a 10-page brief regarding exhaustion with attachments (D.I. 4), and a 200-page appendix (D.I. 6). This has taken considerable time to read and analyze. Moreover, undersigned' dependent family member has s required extensive attention for the last month due to a medical problem, culminating in counsel' s

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unexpected absence from the office yesterday to be at the hospital with the family member. In light of the situation, additional time is needed to complete the answer and have it reviewed in the ordinary course of business. 3. 4. This is respondents' second request for an extension of time in this case. Respondents submit that an extension of time to and including December 6, 2006, in

which to file an answer is reasonable. Respondents submit herewith a proposed order.

DATE: November 17, 2006

/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

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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: November 17, 2006

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CERTIFICATE OF SERVICE I hereby certify that on November 17, 2006, I electronically filed a motion for extension of time with attachment with the Clerk of Court using CM/ECF. I also hereby certify that on November 17, 2006, I have mailed by United States Postal Service, the same documents to the following nonregistered participant: Damone E. Flowers SBI No. 303627 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/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]

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Petitioner, : : v. : : THOMAS L. CARROLL, : Warden, and CARL C. DANBERG, : Attorney General for the State of Delaware, : : Respondents. : DAMONE E. FLOWERS,

Civ. Act. No. 06-356-GMS

ORDER This _____day of _________________________, 2006, WHEREAS, respondents having requested an extension of time in which to file an answer, 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 respondents' answer shall be filed on or before December 6, 2006.

____________________________ United States District Judge