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

Case 3:08-cv-02880-PJH

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Filed 08/18/2008

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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 GERALD A. ENGLER Senior Assistant Attorney General 4 PEGGY S. RUFFRA Supervising Deputy Attorney General 5 MICHELE J. SWANSON, State Bar No. 191193 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-5703 7 Fax: (415) 703-1234 Email: [email protected] 8 Attorneys for Respondent 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 20 Pursuant to Civil L.R. 6-3 and Habeas L.R. 2254-6, respondent hereby requests a 60v. NICK DAWSON, Warden, Respondent. ALEX MONETTE, Petitioner, C 08-2880 PJH MOTION TO ENLARGE TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS

21 day extension of time, until October 17, 2008, in which to file a response to the petition for writ 22 of habeas corpus. Good cause for the extension is set forth in the accompanying declaration of 23 counsel. 24 I have left a message with petitioner's counsel regarding this extension of time, and

25 have not yet heard back from him as of the filing of this request for an extension of time. 26 WHEREFORE, respondent respectfully requests that this Court grant an extension of

27 time to and including October 17, 2008, in which to file an answer or other responsive pleading. 28 ///
Motion to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus Monette v. Dawson, Warden C 08-2880 PJH

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20132265.wpd

Dated: August 18, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General PEGGY S. RUFFRA Supervising Deputy Attorney General

/s/ Michele J. Swanson MICHELE J. SWANSON Deputy Attorney General Attorneys for Respondent

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SF2008402013

Motion to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus

Monette v. Dawson, Warden C 08-2880 PJH

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Case 3:08-cv-02880-PJH

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Filed 08/18/2008

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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 GERALD A. ENGLER Senior Assistant Attorney General 4 PEGGY S. RUFFRA Supervising Deputy Attorney General 5 MICHELE J. SWANSON, State Bar No. 191193 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-5703 7 Fax: (415) 703-1234 Email: [email protected] 8 Attorneys for Respondent 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 20 21 I, MICHELE J. SWANSON, declare under penalty of perjury as follows: I am a Deputy Attorney General for the State of California and am assigned to v. NICK DAWSON, Warden, Respondent. ALEX MONETTE, Petitioner, C 08-2880 PJH DECLARATION OF COUNSEL IN SUPPORT OF MOTION TO ENLARGE TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS

22 represent respondent in this case. Respondent's answer or other responsive pleading is due 23 August 18, 2008, pursuant to this Court's June 17, 2008 Order to Show Cause. I am unable to 24 meet this deadline, and request an enlargement of time to file a response to the petition for writ 25 of habeas corpus for the following reasons. 26 I was not the attorney who briefed this case on direct review in state court. Since

27 having this case assigned to me, I have been working on cases with chronological precedence, 28 and in the past 30 days, I have filed an answer in Haney v. Adams, C 07-4682 CRB (PR), a
Decl. of Counsel in Support of Mot. to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus Monette v. Dawson, Warden C 08-2880 PJH

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1 motion to dismiss in Givens v. Martel, C 07-1448 MHP (PR), and reply briefs in Weisner v. 2 Evans, C 07-5509 SI (PR) and Grecu v. Evans, C 07-0780 JF (PR). For these reasons, I am 3 unable to file the response in this case by the current deadline. 4 I left a message with petitioner's counsel about this extension of time, and have not yet

5 heard back from him as of the filing of this request for an extension of time. 6 Accordingly, I request that the Court grant respondent an extension of 60 days, to and

7 including October 17, 2008, in which to file a response to the petition. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Decl. of Counsel in Support of Mot. to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus Monette v. Dawson, Warden C 08-2880 PJH
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I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, on August 18, 2008.

/s/ Michele J. Swanson MICHELE J. SWANSON Deputy Attorney General

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 12 13 14 15 16 17 GOOD CAUSE APPEARING, it is hereby ordered that respondent shall file with the v. NICK DAWSON, Warden, Respondent. ALEX MONETTE, Petitioner, C 08-2880 PJH [PROPOSED] ORDER

18 Court and serve on petitioner, on or before October 17, 2008, an answer or other response to the 19 petition for writ of habeas corpus. 20 21 22 Dated: __________________________ 23 24 25 26 27 28
[Proposed] Order Monette v. Dawson, Warden Case No. C 08-2880 PJH

IT IS SO ORDERED.

__________________________________ The Honorable Phyllis J. Hamilton