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

Case 3:08-cv-00029-H-PCL

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Filed 04/15/2008

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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 Supervising Deputy Attorney General 5 DANIEL ROGERS, State Bar No. 204499 Deputy Attorney General 110 West A Street, Suite 1100 6 San Diego, CA 92101 P.O. Box 85266 7 San Diego, CA 92186-5266 Telephone: (619) 645-2283 8 Fax: (619) 645-2191 Email: [email protected] 9 10 Attorneys for Respondent 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JOHN SALAZAR, Warden, MIKE BREWER, 08cv0029-H (PCL) Petitioner, APPLICATION FOR SECOND ENLARGEMENT OF TIME TO FILE ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS Respondent. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Case 3:08-cv-00029-H-PCL

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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 Supervising Deputy Attorney General 5 DANIEL ROGERS, State Bar No. 204499 Deputy Attorney General 110 West A Street, Suite 1100 6 San Diego, CA 92101 P.O. Box 85266 7 San Diego, CA 92186-5266 Telephone: (619) 645-2283 8 Fax: (619) 645-2191 Email: [email protected] 9 10 Attorneys for Respondent 11 12 13 14 15 16 17 18 19 20 21 Daniel Rogers declares: I am the Deputy Attorney General assigned to prepare the Answer in this matter which v. JOHN SALAZAR, Warden, Respondent. MIKE BREWER, Petitioner, 08cv0029-H (PCL) MOTION FOR SECOND ENLARGEMENT OF TIME TO FILE ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS The Honorable Peter C. Lewis IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

22 is due on April 16, 2008. I request time to file the Answer be extended thirty (30) days through May 23 16, 2008, for the following reasons: 24 This Court ordered a response to the Petition on January 16, 2008. I have previously

25 requested one thirty (30) day enlargement of time in this matter. 26 I am currently preparing responses to petitions for writ of habeas corpus in Vasquez v.

27 County of San Bernardino, EDCV 07-1682-JVS (MAN); Evans v. Tilton, 07cv0791-JM (BLM); 28 Brewer v. Salazar, 08cv0029-H (PCL); Hollis v. People of the State of California, EDCV 07-150108cv0029-H (PCL)

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1 SVW (RC); Regalado v. Dexter, CV 08-672-DSF (MAN); Crouse v. Marshall, 08-0166 IEG (LSP); 2 Johnson v. Sisto, EDCV 08-278-DDP (CT), and Trevizo v. Knowles, EDCV 08-406-JFW (PJW). 3 Since this Court ordered a response to the instant Petition, I have filed an Answer in

4 Robinson v. Yates, EDCV 07-1406-VBF (SH); Morgutia v. Wong, SACV 07-1161-PA (PJW); Pre 5 v. Almager, 07cv0890 W (W Mc); Ensworth v. Marshall, SACV 07-1372 SVW (CT); Desper v. 6 Miguel, EDCV 07-1588 PSG (AJW), and Givens v. Martel, EDCV 08-0111-CAS (SH). I have also 7 filed a Second Supplemental Brief in Marquis v. Iaria, 07cv0730 W (LSP) and an Opposition to a 8 Motion to Expand the Record in Ruff v. Hall, EDCV 04-01330 MMM (MAN). I have also 9 completed a draft of an Answer in Vasquez v. County of San Bernardino, EDCV 07-1682-JVS 10 (MAN) and a draft of a Motion to Dismiss in Hollis v. People of the State of California, EDCV 0711 1501-SVW (RC). Further, on April 8, I argued Young v. Pliler, 06-55971, in the Ninth Circuit Court 12 of Appeal. 13 In addition to the assignments described above, I advise district attorney personnel

14 throughout the state in executing their responsibilities in responding to international child abduction 15 matters under the Hague Convention on the Civil Aspects of International Child Abduction. 42 16 U.S.C. § 11601 et. seq.; Cal. Fam. Code § 3455. These are time-sensitive matters that arise 17 unpredictably and require immediate attention. I spend roughly one day per week on average 18 working on child abduction matters. 19 I generally work on cases in the order they are assigned to me. Although I had anticipated

20 completing my response in the instant matter on or before April 16, I was unable to do so. I am 21 currently working evenings and weekends to complete the above assignments. 22 Granting of an enlargement of time will permit me to gather the necessary state court

23 records and allow my response to be prepared without impairing its quality and allow adequate time 24 for review and processing. 25 26 27 28
08cv0029-H (PCL)

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I declare under penalty of perjury under the laws of the United States of America that the

2 foregoing is true and correct. 3 4 5 Approved for Filing: 6 7 s/ Gary W. Schons GARY W. SCHONS 8 Senior Assistant Attorney General 9 10 11 12 13 14 15 16 17 18 19 DR:kw 20 SD2008700053 21 22 23 24 25 26 27 28
08cv0029-H (PCL)

DATED: April 15, 2008 at San Diego, California.

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 KEVIN VIENNA Supervising Deputy Attorney General

s/ Daniel Rogers DANIEL ROGERS Deputy Attorney General Attorneys for Respondent
80227431.wpd

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