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

Case 1:08-cv-00117-GMS

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Filed 06/27/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CLARENCE EDWARDS, Petitioner, v. PERRY PHELPS, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 08-117-GMS

MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Glen Ducote, has applied for federal habeas relief, alleging

two points of error in his State court proceedings. D.I. 2. The undersigned filed an answer to the petition on November 16, 2007. D.I. 13. 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 case. 3. The records germane to petitioner' claims are located in the Kent County s

Superior Courthouse. Due to his own workload, including daily court appearances in several Delaware courts, counsel for respondents has been unable to travel to that location to retrieve the necessary records.

Case 1:08-cv-00117-GMS

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4.

Respondents submit that an extension of time to July 30, 2008 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.

DATE: June 27, 2008

/s/ Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836

Case 1:08-cv-00117-GMS

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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/ Kevin M. Carroll Deputy Attorney General Counsel for Respondents

Date: June 27, 2008

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CERTIFICATE OF SERVICE I hereby certify that on June 27, 2008, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on June 27, 2008, I have mailed by United States Postal Service, the same documents to the following non-registered participant: Clarence Edwards SBI# 158551 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

Date: June 27, 2008

/s/Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836 [email protected]

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CLARENCE EDWARDS, Petitioner, v. PERRY PHELPS, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) ) ORDER This _____day of _________________________, 2008, WHEREAS, respondents having requested an extension of to file certified 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 respondents' answer shall be filed on or before July 30, 2008.

Civ.Act.No. 08-117-GMS

____________________________ United States District Judge