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

Case 3:07-cv-02257-IEG-BLM

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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 PETER QUON, JR. Supervising Deputy Attorney General 5 KARL T. TERP, State Bar No. 131680 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) 645-2194 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 On December 19, 2007, this Court issued an Order requiring Respondent to file a Judge: The Honorable Barbara L. Major v. M. C. KRAMER, Warden, Respondent. ERIC ANGEL THOMAS, Petitioner, 07cv2257-IEG (BLM) REQUEST FOR ENLARGEMENT OF TIME TO FILE A MOTION TO DISMISS OR ALTERNATIVELY, AN ANSWER TO PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS AND DECLARATION OF KARL T. TERP IN SUPPORT THEREOF IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

24 Motion to Dismiss on or before February 4, 2008, or a Return on or before February 18, 2008. 25 Respondent respectfully requests this Court grant Respondent an enlargement of time through 26 April 7, 2008, to file a Response because declarant will be undergoing a medical procedure on 27 February 11, 2008, which will require a week of recovery and will be out of the country on a 28 prepaid vacation from February 29 through March 3.
Request For Enlargement Of Time; Declaration Of Karl T. Terp In Support Case No. 07cv2257-IEG (BLM)

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For good cause stated in the attached declaration, respondent respectfully requests this

2 Court grant through April 7, 2008, to file either a Motion to Dismiss or a Return. 3 4 5 6 7 8 9 10 11 12 13 14 15 KTT:haj 16 17 18 19 20 21 22 23 24 25 26 27 28
Request For Enlargement Of Time; Declaration Of Karl T. Terp In Support Case No. 07cv2257-IEG (BLM)
70114445.wpd SD2007701200

Dated: February 8, 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 PETER QUON, JR. Supervising Deputy Attorney General

s/Karl T. Terp KARL T. TERP Deputy Attorney General Attorneys for Respondent

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DECLARATION OF KARL T. TERP I, Karl T. Terp, declare under penalty of perjury: 1. I am the Deputy Attorney General assigned to handle all matters in the instant case.

4 On Monday, December 24, 2007, this Court's order was received and processed by declarant's 5 office but declarant was out of town at a family reunion until Monday, January 31, 2007. 6 Nonetheless, declarant's office requested records from the state courts necessary to address the 7 issues raised by Petitioner and to determine the propriety of a Motion to Dismiss based upon 8 timeliness and procedural bars. 9 2. Upon declarant's return on January 31, declarant resumed completing briefing on a

10 complicated state direct appeal in People v. Mancinas (E042205), which briefing was due on or 11 before January 11, 2008. Declarant completed briefing and filing in Mancinas, and while doing so 12 received notice from the Ninth Circuit Court of Appeal on January 10, 2008, regarding Madriaga 13 v. Kane (06-56133) that declarant's appeal in that case had been denied. Declarant then immediately 14 began working on a petition for rehearing and suggestion for rehearing en banc which was timely 15 filed. To work on Madriaga, declarant set aside People v. Rivers (E042437 which was in default 16 requiring the respondent's brief to be filed on or before January 28, 2008,). The Rivers matter 17 involved a reporter's transcript of approximately 2000 pages into considerable time to read and brief. 18 Upon completion of that matter declared begin working on People v. Robinson (D050022), with a 19 combined Reporter's Transcript in Clerk's Transcript exceeding 2000 pages, an eight issue 20 appellant's opening brief with a companion four issue habeas corpus petition. Declarant is currently 21 working on the Robinson matter and will be doing so for the next three weeks, except for the time 22 declarant will be out of office (see paragraph 4 below). The court in Robinson has issued a notice 23 pursuant to California Rules of Court, rule 8.220, requiring a briefing to be filed by February 13; 24 declarant has sought two-week extension request, nonetheless. 25 3. Declarant is also responsible for the following matters: filing respondent's briefs in

26 People v. Sisneros (E042862), for which a second extension of time has been received requiring the 27 brief to be filed by February 25; in People v. Johnson (E042972), which is on second extension due 28 February 21; in People v. Mingo (D051181), which is on second extension due February 27; in
Request For Enlargement Of Time; Declaration Of Karl T. Terp In Support Case No. 07cv2257-IEG (BLM)

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1 People v. Rich (E042818), which is on second extension due March 5. 2 4. Declarant will be out on medical leave from February 11 through February 19. This

3 leave was not anticipated and declarant will be unable to work while on leave. Additionally, several 4 months ago declarant planned, received approval for and paid for a vacation from February 29 5 through March 7. Declarant has nonrefundable tickets for this vacation. 6 5. As a result of declarant's current workload, unscheduled medical leave, and vacation

7 declarant requests an extension of time to file the Response through April 7, 2008. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Request For Enlargement Of Time; Declaration Of Karl T. Terp In Support Case No. 07cv2257-IEG (BLM)

s/Karl T. Terp KARL T. TERP

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Thomas v. Kramer

07cv2257-IEG (BLM)

I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On February 8, 2008, I served the attached REQUEST FOR ENLARGEMENT OF TIME TO FILE A MOTION TO DISMISS OR ALTERNATIVELY, AN ANSWER TO PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS AND DECLARATION OF KARL T. TERP IN SUPPORT THEREOF by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 110 West A Street, Suite 1100, P.O. Box 85266, San Diego, CA 92186-5266, addressed as follows: Eric Angel Thomas CDC # T-68246 F 1-3-104U P.O. Box 79001 San Diego, CA 92179

I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on February 8, 2008, at San Diego, California.

Karl T. Terp Declarant
70114467.wpd

s/Karl T. Terp Signature