Case 1:06-cv-00356-GMS
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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 and presenting fourteen grounds for relief. D.I. 2. By the terms of the Court's order, the answer is due to be filed on September 22, 2006. 2. Counsel has been, and continues to be, diligently working on numerous cases before However, the workload for the Appeals Division attorneys is
this Court and the state courts.
currently very substantial. Counsel is doing her best to prioritize cases by date received. Counsel anticipates filing an answer in another federal habeas case this week, having filed a federal habeas answer and an answering brief in a state appeal the previous week. The Attorney General' Office s will be conducting a two-day retreat next week, at which attendance is required. In light of the situation, additional time is needed to complete the answer and have it reviewed in the ordinary
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course of business. 3. Under Habeas Rule 4, the Court has the discretion to give respondents an extension of
time exceeding the 40-day limit in Civil Rule 81(a)(2). Clutchette v. Rushen, 770 F.2d 1469, 147374 & n.4 (9th Cir. 1985); Kramer v. Jenkins, 108 F.R.D. 429, 431-32 (N.D. Ill. 1985). The comment to Rule 4 expressly states that the district court has "the discretion to take into account various factors such as the respondent'workload" in determining the period of time that should be allowed s to answer the petition. 4. 5. This is respondents' first request for an extension of time in this case. Respondents submit that an extension of time to and including October 27, 2006, in
which to file an answer is reasonable. Respondents submit herewith a proposed order.
DATE: September 19, 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: September 19, 2006
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CERTIFICATE OF SERVICE I hereby certify that on September 19, 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 September 19, 2006, I have mailed by United States Postal Service, the same documents to the following non-registered 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 October 27, 2006.
____________________________ United States District Judge