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

Case 1:06-cv-00142-GMS

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Filed 08/11/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Petitioner, : : v. : : RICHARD KEARNEY, : Warden, and CARL C. DANBERG, : Attorney General for the State of Delaware, : : Respondents. : ROLAND WILLIAMS,

Civ. Act. No. 06-142-GMS

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Roland Williams, has applied for federal habeas relief challenging

his January 2003 Delaware Superior Court conviction and sentence for delivery of cocaine. D.I. 1. The undersigned filed an answer to the petition on July 5, 2006. 2. By the terms of the Court's order, the respondents are directed to attach to the

answer certified copies of the state court records material to the questions raised in the petitioner's appeal. 3. Due to the large caseload of prosecutors in the appeals division, the undersigned

has been unable to obtain the certified state court records in order to file them contemporaneously with the answer. Due to the heavy demands of the office, counsel has been delayed further than anticipated. The undersigned now anticipates obtaining and copying the records on or before September 1, 2006. This is the second request for an extension to file these records.

Case 1:06-cv-00142-GMS

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4.

Respondents submit that an extension of time to September 1, 2006 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: August 11, 2006

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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: August 11, 2006

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CERTIFICATE OF SERVICE I hereby certify that on August 11, 2006, I electronically filed a motion for extension of time to file state records with the Clerk of Court using CM/ECF. I also hereby certify that on August 11, 2006, I have mailed by United States Postal Service, the same document to the following non-registered participant: Roland Williams SBI No. 454319 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947

/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]

Case 1:06-cv-00142-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Petitioner, : : v. : : RICHARD KEARNEY, : Warden, and CARL C. DANBERG, : Attorney General for the State of Delaware, : : Respondents. : ROLAND WILLIAMS,

Civ. Act. No. 06-142-GMS

ORDER This _____day of _________________________, 2006, WHEREAS, respondents having requested an extension of time in which to file certified copies of the 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 the certified state court records shall be filed on or before September 1, 2006.

____________________________ United States District Judge