Free Declaration in Support - District Court of California - California

Case 3:07-cv-05039-JSW

Document 9

Filed 12/21/2007

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EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General JULIE L. GARLAND Senior Assistant Attorney General ANYA M. BINSACCA Supervising Deputy Attorney General SCOTT C. MATHER, State Bar No. 190912 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5709 Fax: (415) 703-5843 Email : S cott.Mather@doj . ca. gov

9 Attorneys for Respondent Ben Curry 10 11 12 13 14 C07-5039 JSW 15 16 17 18 19 20 21 22 23 I, Scott C. Mather, declare as follows: 1. I am an attorney admitted to practice before the courts of the State of California. I am v. BEN CURRY, Warden, Respondent. HAROLD HAWKS, Petitioner, DECLARATION OF SCOTT C. MATHER IN SUPPORT OF RESPONDENT'S EX PARTE REQUEST FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS Judge: The Honorable Jeffrey S. White IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

24 employed by the California Attorney General's Office as a Deputy Attorney General in the 25 Correctional Writs and Appeals Section, and I am the attorney primarily responsible for 26 representing Respondent in this case. 27 2. On October 25, 2007, this Court issued an Order to Show Cause, directing Respondent

28 to file a response to the petition for writ of habeas corpus within sixty days. As a result,
Decl. in Support of Resp't's Request for EOT to File Response

Hawks v. Curry
C07-5039 JSW

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Case 3:07-cv-05039-JSW

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Filed 12/21/2007

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Respondent's response is presently due on December 24, 2007. 3. On November 13, 2007, our office sent a document request for Petitioner's relevant

prison records to the Correctional Training Facility (CTF) in Soledad, California, where Petitioner is presently incarcerated. 'When the documents did not arrive by the requested due date, our office sent a second request. CTF officials have informed me that the requested documents are being sent today by overnight mail. Because I will not have sufficient time to 7 prepare a response by the December 24, 2007 deadline, I am requesting an extension of time. In 8 addition, I require an extension of time because I will be out of the office for most of the next

9 two weeks, after which I will begin chemotherapy treatment for a cancer recurrence. 10 11 12 13 4. For the foregoing reasons, I respectfully request an extension of time of an additional

60 days, to and including February 22, 2008, in which to file Respondent's response. 5. No other request for an extension of time has been filed in response to the Court's

October 2007 Order to Show Cause. This request for an extension of time is not made for the

14 purpose of harassment, undue delay, or on any other inappropriate ground. 15 6. Petitioner is proceeding in pro per and is confined in state prison. As a result,

16 Petitioner cannot be easily contacted regarding this request for an extension of time. 17 I declare under penalty of perjury that the foregoing is true and correct and that this

18 declaration was executed on December 20, 2007, at San Francisco, California. 19 20 21 22 23 24 25 26 27 28
Decl. in Support of Resp't's Request for EOT to File Response
40199428.wpd sf2007200879

Hawks v. Curry
C07-5039 JSW

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