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

Case 1:05-cv-00602-JJF

Document 18

Filed 11/18/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM T. JOHNSON, JR., Petitioner, v. THOMAS CARROLL, Warden and M. JANE BRADY, Attorney General for the State of Delaware, Respondents. : : : : : : : : : : :

Civ. Act. No. 05-602-JJF

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, William T. Johnson, Jr., has applied for federal habeas relief

challenging his October 1996 Delaware Superior Court conviction by guilty plea for felony theft. D.I. 2. The undersigned filed an answer to the petition on November 18, 2005. 2. By the terms of the Court's order, the respondent is 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 volume of record retrieval recently required by 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. The undersigned anticipates obtaining and copying the records on or before December 12, 2005.

Case 1:05-cv-00602-JJF

Document 18

Filed 11/18/2005

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4.

Respondent submits that an extension of time to December 12, 2005 in which to

file certified copies of the material portions of the state court records in this case is reasonable. Respondent submits 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: November 18, 2005