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

Case 1:04-cv-01446-GMS

Document 12

Filed 04/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RICHARD BOYD, Petitioner, v. THOMAS L. CARROLL, Respondent. ) ) ) ) ) ) ) ) )

C.A.No. 04-1446-GMS

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Richard Boyd, has applied for federal habeas relief challenging his continued incarceration in the State of Delaware. (D.I. 2). 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. On April 19, 2005, Respondent filed an Answer to Boyd's petition for writ of habeas corpus. 4. Due to the case load handled by Deputy Attorneys General in the Appeals Division, the undersigned has been unable to obtain and have certified from the state supreme court in Dover the certified state records in order to file them contemporaneously with the answer. The undersigned presently anticipates obtaining and copying the records on or before May 5, 2005.

Case 1:04-cv-01446-GMS

Document 12

Filed 04/19/2005

Page 2 of 2

4.

Respondent submits that an extension of time to and including May 5, 2005 in which to file certified copies of the material portions of the state court records in this case is reasonable.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/____________________________ Gregory E. Smith, I.D. No. 3869 Deputy Attorney General 820 North French Street, 7th Floor Carvel State Building Wilmington, Delaware 19801 (302) 577-8398

Dated: April 19, 2005