Free Motion for Extension of Time to File Answer - District Court of California - California

Case 3:08-cv-00477-JAH-NLS

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Filed 05/19/2008

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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. An answer v. JAMES E. TILTON, Secretary, Respondent. KIMBERLY LORRAINE GRIGGS, Petitioner, 08cv0477-JAH (NLS) APPLICATION FOR ENLARGEMENT OF TIME TO FILE ANSWER [No Hearing Required] Judge: The Honorable Nita L. Stormes IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

22 is due on May 19, 2008. I respectfully request that this Court grant an enlargement of time of 23 approximately one month, to June 19, 2008, for the reasons set forth below. 24 I normally work on cases in approximately the order in which courts have ordered a

25 response. I have one ahead of the instant Griggs case, which I expect to complete in the next three 26 days. 27 28 ///
Case No. 08cv0477-JAH (NLS)

Accordingly, I request this extension of time in which to file our answer.

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Background Petitioner Griggs is serving a six-year sentence following conviction for the crime of

3 burglary. (Pet. at 2-4.) She challenged the conviction in a direct appeal contending, inter alia, that 4 the trial court erred in imposing the upper term for her sentence based on factors that were not found 5 by a jury. The judgment became final in early 2007. She has also filed habeas corpus petitions in 6 the state courts challenging the imposition of the upper term. 7 It appears to me that the Petition is timely and the claim raised is exhausted, so I expect

8 to file an answer on the merits. I have obtained our file from the direct appeal, so I have what I 9 believe to be the necessary records to address the claim, although I am still awaiting some state 10 collateral records. 11 B. 12 13 14 15 16 17 18 19 20 21 Counsel's status In about the last month, I have completed assignments in the following cases: Sheppherd v. Marshall Cortina v. Hedgepeth Mageo v. Scribner Steward v. Sullivan Baugh v. Yates People v. Riggs Morgan v. Tilton Garcia v. Yates EDCV 08-140 AHM (PLA) SACV 07-1451-JVS (FMO) EDCV 08-254 DSF (FFM) 08cv0324-W (CAB) No. 07-55389 S043187 07cv0284 07-0048 (DMS) LSP

I typically work on cases in the order in which they are assigned to me. I have one

22 previously assigned case to complete before I can turn to our answer in Griggs, that is the Ninth 23 Circuit appeal in Hite v. Evans, No. 07-56078. In addition, in the last month, I was assigned to 24 handle the argument in People v. Riggs, a death penalty case heard by the California Supreme Court 25 on May 7, 2008. The deputy who has done all the briefing in that case is out of the office, 26 unexpectedly, because of a family leave matter. 27 /// 28 ///
Case No. 08cv0477-JAH (NLS)

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I expect to turn to Griggs toward the middle or end of this week. I expect my briefing

2 will take only a day or two, but additional time will be required for document production and 3 duplication. 4 Additionally, I am on this office's habeas corpus team. That means my work is routinely

5 interrupted by questions from other deputies regarding federal habeas corpus matters. 6 Granting of an enlargement of time will permit the response to be prepared without

7 impairing quality and will afford adequate time to obtain and copy necessary records, for review and 8 processing in this office, and for filing in this Court. Should this extension be granted, I will seek 9 to complete the briefing based on the schedule described above, and I will not place this matter at 10 any lower priority. All extension requests and progress are monitored by the senior assistant 11 attorney general in charge of this office. 12 I declare under penalty of perjury under the laws of the United States of America that the

13 foregoing is true and correct. 14 15 16 17 18 19 20 21 22 23 24 25 KV:jge 26 27 28
Case No. 08cv0477-JAH (NLS)
80240697.wpd

Dated: May 19, 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

SD2008700236

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