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

Case 3:08-cv-00017-JM-NLS

Document 25

Filed 09/15/2008

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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 ERIKA HIRAMATSU, State Bar No. 190883 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) 645-2224 8 Fax: (619) 645-2191 Email: [email protected] 9 10 Attorneys for Respondents 11 12 13 14 15 16 17 18 19 20 21 I, Erika Hiramatsu, declare the following under penalty of perjury under the laws of the v. MATTHEW CATE, et al., Respondents. DAVID CARLTON BROWN, Petitioner, 08-0017 JM (NLS) REQUEST FOR FIRST ENLARGEMENT OF TIME TO FILE RESPONDENT'S RENEWED MOTION TO DISMISS HABEAS PETITION (28 U.S.C. § 2254) IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

22 United States: 23 This matter was previously assigned to deputy attorney general Stephanie Chow. It is my

24 information and belief that Ms. Chow was out of the country from August 10 through August 24, 25 2008, and did not return to the office until August 25, 2008. On September 1, 2008, Ms. Chow 26 transferred to the San Diego County District Attorney's Office on temporary assignment. 27 As of September 2, 2008, I am the deputy attorney general assigned to prepare

28 Respondent's renewed Motion to Dismiss Petitioner's habeas petition pursuant to this Court's
RESPONDENT'S REQUEST FOR FIRST ENLARGEMENT OF TIME 08cv0017

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Case 3:08-cv-00017-JM-NLS

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1 August 5, 2008, Order in the above-entitled matter. 2 This is Respondent's first request for enlargement of time to file Respondent's Renewed

3 Motion to Dismiss, which is due September 19, 2008. I respectfully request time to file the Motion 4 be enlarged twenty-one (21) days to October 6, 2008, for the following reasons: 5 I was not involved in Petitioner's direct appeal and have no prior familiarity with his case.

6 While I have discussed the case with Ms. Chow, the volume of documents in the record, and the 7 manner in which they were written, will require additional time for review. 8 In addition to this case, I have been working on the following assignments: Respondent's

9 opposition to Petitioner's application for authorization to file a second or successive 28 U.S.C. 10 §2254 habeas corpus petition in Burton v. Adams, No. 08-71762 (9th Cir., filed Sept. 8, 2008); 11 Respondent's Motion to Dismiss Petition in Saenz v. Secretary, No. 08-0566 WQH (JMA) (S.D. 12 Cal., filed Sept. 10, 2008); and Respondent's Answer to Petition in Russell v. Martel, No. EDCV 13 08-963 AG (FFM) (C.D. Cal., due Sept. 20, 2008). 14 Petitioner appears to have been released on parole in May 2008. An enlargement of time

15 is required to allow sufficient time for drafting as well as supervisory review, revision, and clerical 16 processing. 17 For these reasons, I respectfully request the time for filing Respondent's Renewed Motion

18 to Dismiss be enlarged to and including October 6, 2008. 19 20 21 22 23 24 25 26 27 28
80282413.wpd

Dated: September 15, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California GARY W. SCHONS Senior Assistant Attorney General KEVIN VIENNA Supervising Deputy Attorney General

s/Erika Hiramatsu ERIKA HIRAMATSU Deputy Attorney General Attorneys for Respondents
SD2008800562

RESPONDENT'S REQUEST FOR FIRST ENLARGEMENT OF TIME

08cv0017

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Case 3:08-cv-00017-JM-NLS

Document 25

Filed 09/15/2008

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