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)
kelly.miklos@atg.in.gov

s/ Kelly A. Miklos
Kelly A. Miklos
Deputy Attorney General