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

Case 3:07-cv-02139-JAH-WMC

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Filed 05/05/2008

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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 R. VIENNA Supervising Deputy Attorney General 5 DOUGLAS P. DANZIG Deputy Attorney General 6 State Bar No. 153048 110 West A Street, Suite 1100 San Diego, CA 92101 7 P.O. Box 85266 San Diego, CA 92186-5266 8 Telephone: (619) 645-2285 Fax: (619) 645-2191 9 Attorneys for Respondent 10 11 12 13 14 15 16 17 18 19 20 21 RESPONDENT, D. Adams, Warden of California State Prison, Corcoran, California, v. D. ADAMS, Warden, Respondent. JAMES ROBERT BARKACS, Petitioner, 07cv2139 JAH (WMc) EX PARTE REQUEST FOR THIRD ENLARGEMENT OF TIME TO FILE A RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS; DECLARATION OF DOUGLAS P. DANZIG; PROPOSED ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

22 by and through counsel Edmund G. Brown Jr., Attorney General of the State of California, and 23 Douglas P. Danzig, Deputy Attorney General, makes this request for a 3-day enlargement of time 24 from today's date, to May 8, 2008, in which to file an Answer to Petitioner's "Petition For Writ Of 25 Habeas Corpus Under 28 U.S.C. § 2254 By A Person In State Custody" (Petition). 26 An Answer is was due no later than April 18, 2008. An enlargement of time to file an

27 Answer is requested for the reasons set forth in the accompanying declaration of counsel. 28 ///
REQUEST FOR ENLARGEMENT OF TIME 07cv2139 JAH (WMc)

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CONCLUSION For the foregoing reasons, Respondent respectfully requests this Court grant the

3 enlargement of time. 4 5 6 7 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 07cv2139 JAH (WMc)
DPD:sm SD2007802999 80235076.wpd

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/DOUGLAS P. DANZIG DOUGLAS P. DANZIG Deputy Attorney General Attorneys for Respondent

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DECLARATION OF DOUGLAS P. DANZIG Douglas P. Danzig hereby declares: I am the Deputy Attorney General assigned to prepare the pleadings in the case of

4 Barkacs v. Adams, civil number 07cv2139-JAH (WMc). The case was originally assigned to 5 another deputy, but reassigned to me on December 3, 2007, because the other deputy retired. Two 6 previous enlargements of time have been granted to Respondent in this case. 7 I have no idea how I mis-calendared this case, but for some reason I had it on my case

8 management system as due today, May 5, 2008, despite the fact that after I reviewed the file 9 I realized it was due April 18, 2008. I finished drafting the answer yesterday, May 4, 2008, and 10 intended to file it today, electronically. However, my secretary is out sick today, so I'm asking 11 for this short enlargement of time. 12 13 correct. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
REQUEST FOR ENLARGEMENT OF TIME 07cv2139 JAH (WMc)

I hereby declare under penalty of perjury that the foregoing statements are true and

Executed this 5th day of May, 2008, at San Diego, California.

s/DOUGLAS P. DANZIG DOUGLAS P. DANZIG Deputy Attorney General

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