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

Case 1:05-cv-00602-JJF

Document 15

Filed 11/02/2005

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

Civ. Act. No. 05-602-JJF

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, William T. Johnson, Jr., has applied for federal habeas relief,

challenging his October 1996 conviction by guilty plea in Delaware Superior Court for felony theft. D.I. 2. By the terms of the Court's order, the answer is due to be filed on November 7, 2005. 2. Counsel for respondents filed an answering brief in an appeal on Tuesday in the

Delaware Supreme Court, and plans to file an answer to a federal habeas petition in District Court later this week in another case. In addition, the undersigned has been and continues to be working on other cases before this Court and the state courts. Further, many of the Appeals Division resources are currently allocated to litigation involving an execution scheduled for November 4. In light of the situation, additional time is needed to complete the answer and have it reviewed in the ordinary course of business. 3. Under Habeas Rule 4, the Court has the discretion to give respondents an extension of

Case 1:05-cv-00602-JJF

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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). 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 November 29, 2005 in

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

DATE: November 2, 2005

/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

Case 1:05-cv-00602-JJF

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CERTIFICATE OF SERVICE I hereby certify that on November 2, 2005, I electronically filed a motion for extension of time and attachments with the Clerk of Court using CM/ECF. I also hereby certify that on November 2, 2005, I have mailed by United States Service, two copies of the same documents to the following non-registered participant: William T. Johnson, Jr. SBI No. 202367 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]