Free Motion for Extension of Time to File Response/Reply - District Court of California - California

Case 3:08-cv-00485-JMA

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DANE R. GILLETTE Chief Assistant Attorney General 3 GARY W. SCHONS Senior Assistant Attorney General 4 KEVIN VIENNA, State Bar No. 186751 Supervising Deputy Attorney General 110 West A Street, Suite 1100 5 San Diego, CA 92101 P.O. Box 85266 6 San Diego, CA 92186-5266 Telephone: (619) 645-2198 7 Fax: (619) 645-2191 Email: [email protected] 8 9 Attorneys for Respondent 10 11 12 13 14 15 16 17 18 19 20 21 Kevin R. Vienna declares: I am the Deputy Attorney General assigned to prepare response in this matter. A motion v. KEN CLARK, Warden, Respondent. PHILLIP W. DUNN, Petitioner, 08-0485 BTM (JMA) APPLICATION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION The Honorable Jan M. Adler IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

22 to dismiss is due on June 4, 2008. An answer on the merits is due on June 19. I respectfully request 23 that this Court grant an enlargement of time of approximately one month, to July 7, 2008 and 24 July 21, 2008, for the reasons set forth below. 25 I normally work on cases in approximately the order in which courts have ordered a

26 response. I should be able to begin work on the Dunn matter tomorrow. I expect to be able to 27 complete my work within a few days. 28
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Accordingly, I request this extension of time in which to file our motion to dismiss or

Background Petitioner Dunn is serving a sentence of thirteen years imprisonment following his

5 conviction in San Diego County Superior Court in 2003 for burglary. His conviction followed the 6 entry of a guilty plea. 7 Dunn did not appeal. Instead, beginning in 2007, he commenced a series of collateral

8 attacks in the state courts by filing habeas corpus petitions. In those challenges, he complained that 9 his sentence was improper because the trial court used the same prior conviction to impose a five10 year enhancement for a serious felony prior and to bring Dunn within California's Three Strikes 11 sentencing scheme. 12 On initial review, it appears that Dunn's claims are untimely, and I expect to file a motion

13 to dismiss. 14 B. 15 16 17 18 19 20 21 22 23 Counsel's Status In about the last month, I have completed assignments in the following cases: People v. Riggs Morgan v. Tilton, Garcia v. Yates Hite v. Evans Griggs v. Tilton Romero v. Curry Tatarinov v. Superior Court of California S043187 (capital argument) 07cv0284 07-0048 (DMS) LSP 07-56078 08cv0477 JAH (NLS) SACV 07-985 07cv2033

I typically work on cases in the order in which they are assigned to me. My next case, in

24 order, is Lohman v. Felker, 07-0905, on which I have been granted one extension of time. 25 Although I usually work on one matter at a time, because I believe that the Dunn matter

26 is on the lower level of complexity and because I believe I now have enough of the underlying state 27 records to proceed, I will work on Dunn contemporaneously. I expect my briefing will take only 28 a day or two, but additional time will be required for document production and duplication.
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Additionally, I am on this office's habeas corpus team. That means my work is routinely

2 interrupted by questions from other deputies regarding federal habeas corpus matters. 3 Granting of an enlargement of time will permit the response to be prepared without

4 impairing quality and will afford adequate time to obtain and copy necessary records, for review and 5 processing in this office, and for filing in this Court. Should this extension be granted, I will seek 6 to complete the briefing based on the schedule described above, and I will not place this matter at 7 any lower priority. All extension requests and progress are monitored by the senior assistant 8 attorney general in charge of this office. 9 I declare under penalty of perjury under the laws of the United States of America that the

10 foregoing is true and correct. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Dated: June 4, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GARY W. SCHONS Senior Assistant Attorney General

s/Kevin Vienna KEVIN VIENNA Supervising Deputy Attorney General Attorneys for Respondent

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