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

Case 3:07-cv-05124-SI

Document 11-2

Filed 09/05/2008

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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 GERALD A. ENGLER Senior Assistant Attorney General 4 GREGORY A. OTT Deputy Attorney General 5 PEGGY S. RUFFRA Supervising Deputy Attorney General 6 State Bar No. 117315 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-3664 7 Telephone: (415) 703-1362 Fax: (415) 703-1234 8 Email: [email protected] 9 Attorneys for Respondent 10 11 12 13 IVAN KILGORE, 14 Petitioner, 15 v. 16 J. WALKER, Acting Warden, 17 Respondent. 18 19 20 I, Peggy S. Ruffra, declare under penalty of perjury as follows: 1. I am a Supervising Deputy Attorney General for the State of California and am DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR EXTENSION OF TIME C 07-5124 SI IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

21 assigned to represent respondent in this habeas corpus case. 22 2. Petitioner was convicted in state court of first degree murder with a special

23 circumstance for discharging a firearm from a motor vehicle. 24 3. On July 16, 2008, this Court issued an Order to Show Cause why habeas relief should

25 not be granted on petitioner's 16 claims. 26 4. I have not yet been able to prepare the response in this case for the following reasons.

27 In June 2008 I filed a complex motion to dismiss various claims that were untimely, unexhausted, 28 and did not raise a federal question, in Felix v. Hennessy, C 01-3138 WHA; a supplemental
Dec. of Counsel in Support of App. for Ext. of Time - C 07-5124 SI

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Case 3:07-cv-05124-SI

Document 11-2

Filed 09/05/2008

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1 opposition to release pending appeal in Hoover v. Newland, 07-16749; and a reply in Michel v. 2 Walker, C 08-1724 JSW. I was on vacation for three weeks in July 2008. In August 2008, I filed 3 the Appellee's Brief in Green v. Hornbreak, 07-16136; an answer on the merits in Jolivette v. 4 California, CIV S 08-0189 LKK KJM P; a motion to dismiss petition as second or successive in 5 Mustafaa v. Sisto, C 07-6488 CW; and a motion to dismiss in Lyman v. Scribner, C 08-2478 JSW. 6 I cannot turn to the response in this case immediately because I am serving as second chair in 7 Chrones v. Pulido, 07-544, which is being argued in the United States Supreme Court on October 8 15, 2008, and which requires intense preparation leading up to that date. 9 5. I have not attempted to contact petitioner because he is an incarcerated state prisoner

10 who is representing himself in this case. 11 12 13 14 15 16 17 18 19 20 21 22 23 PSR/cfl 24 SF2008400895 20140413.wpd 25 26 27 28
Dec. of Counsel in Support of App. for Ext. of Time - C 07-5124 SI

6. Accordingly, I respectfully request an additional 60 days in which to file the response.

Dated: September 5, 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 GREGORY A. OTT Deputy Attorney General

/s/ PEGGY S. RUFFRA Supervising Deputy Attorney General Attorneys for Respondent

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