Ag Motion For Time Enlargement

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA KAY KIM, ) ) Petitioner, ) ) vs. ) No. 1:09-cv-1221-SEB-JMS ) STATE OF INDIANA, ) ) Respondent. ) FIRST MOTION FOR EXTENSION OF TIME TO FILE RETURN TO ORDER TO SHOW CAUSE Respondent respectfully requests that this Court grant him an extension of time of 30 days, up to and including November 19, 2009, within which to file his Return to the Order to Show Cause. 1. Petitioner, through a proposed next friend, seeks a writ of habeas corpus directed at her pre-trial commitment to the Indiana Department of Mental Health for evaluation and treatment. 2. This court directed Respondent to show cause by October 20, 2009, why relief should not be granted. The deadline to respond has not yet passed. 3. Respondent�s counsel has been unable to obtain the necessary court records needed to fully investigate and respond to the claims raised in the petition. As such, she cannot file a response by October 20, 2009. 4. Counsel requests an additional 30 days, up to and including November 19, 2009, within which to file her response.

WHEREFORE, Respondent requests that this Court grant him an extension of time of an additional 30 days within which to file a Return to the Order to Show Cause. Respectfully submitted, GREGORY F. ZOELLER Attorney General of Indiana s/ Kelly A. Miklos Kelly A. Miklos Deputy Attorney General Attorneys for Respondent CERTIFICATE OF SERVICE I certify that I have electronically filed the foregoing document. I hereby certify that on October 20, 2009, I have served the foregoing document on the individual listed below through U.S. Mail, first-class postage pre-paid: Kay Kim c/o Charles Chuang 4250 Village Parkway Unit 2 Indianapolis, IN 46254 OFFICE OF THE ATTORNEY GENERAL Indiana Government Center South, Fifth Floor 302 West Washington Street Indianapolis, Indiana 46204 317-234-2967 (voice) 317-232-7979 (facsimile) [email protected] s/ Kelly A. Miklos Kelly A. Miklos Deputy Attorney General