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

Case 1:05-cv-00187-SLR

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Filed 08/16/2005

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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. : JAMES ST. LOUIS,

Civ. Act. No. 05-187-SLR

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, James St. Louis, has applied for federal habeas relief, challenging his

May 2001 conviction in Delaware Superior Court for first degree rape and continuous sexual abuse of a child. D.I. 2. By the terms of the Court's order, the answer is due to be filed on August 19, 2005. 2. Within the last two and a half weeks, counsel for respondents has filed three

answering briefs in appeals in the Delaware Supreme Court (including a capital case with cocounsel). Counsel has also filed an answer to a federal habeas petition in this Court. Further, the undersigned has been out of the office for two days in the last week for medical appointments. In addition, the undersigned has been and continues to be working on other cases before this Court and the state courts. In light of the situation, additional time is needed to complete the answer and have it reviewed in the ordinary course of business.

Case 1:05-cv-00187-SLR

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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, 1473-74 & 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 September 16, 2005 in

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

DATE: August 16, 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-00187-SLR

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CERTIFICATE OF SERVICE I hereby certify that on August 16, 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 August 16, 2005, I have mailed by United States Service, the same documents to the following non-registered participant: James St. Louis SBI No. 446518 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]