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

Case 3:07-cv-05014-PJH

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Filed 03/18/2008

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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 AMANDA J. MURRAY, State Bar No. 223829 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5741 Fax: (415) 703-5843 Email: [email protected]

9 Attorneys for Warden Ben Curry 10 11 12 13 14 SANTOS CHAVEZ, 15 Petitioner, 16 v. 17 BEN CURRY, 18 Respondent. 19 20 21 22 REQUEST FOR EXTENSION OF TIME For the reasons set forth in the accompanying declaration of counsel, Respondent Judge: The Honorable Phyllis J. Hamilton RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME TO ANSWER PETITION; SUPPORTING DECLARATION OF COUNSEL; [PROPOSED] ORDER C-07-5014 PJH IN THE UNITED STATES DISTRICT COURT FOR.THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

23 respectfully requests that this Court grant an extension of time, to and including May 19, 2008, in 24 which to reply to Chavez's Petition for Writ of Habeas Corpus. 25 // 26 // 27 // 28 //
Req. for Extension of Time; [Proposed] Order Chavez v. Curry C-07-5014 PJH

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Case 3:07-cv-05014-PJH

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Filed 03/18/2008

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SUPPORTING DECLARATION OF COUNSEL I, AMANDA J. MURRAY, declare as follows: 1. I am an attorney admitted to practice before the courts of the State of California

4 and before this Court. I am employed by the California Attorney General's Office as a Deputy 5 Attorney General in the Correctional Writs and Appeals Section, and am assigned to represent 6 Respondent in this case. 7 8 2. On February 5, 2008, my paralegal faxed a request for documents from Chavez's

central file to the Correctional Training Facility, where Chavez is currently incarcerated. The

'9 prison's litigation coordinator advised us that the prison had ordered a massive recall of inmates' 10 central files (including Chavez's) and that Chavez's file was not available for copying. Thus, the 11 litigation coordinator was unable to comply with our document request. 3. On March 17, 2008, I again contacted the prison's litigation coordinator regarding

the availability of Chavez's central file. She advised me that his file was not yet available. 4. The requested documents are necessary to determine the legitimacy of Chavez's

claims and adequately respond to his Petition. Because I do not know when I will receive the documents, I respectfully request that Respondent's deadline to provide an answer to Chavez's Petition be extended to May 19, 2008. 5. This request for an extension of time is not made for any purpose of harassment,

undue delay, or for any improper reason. Respondent has not requested any other extensions of time to respond to the Court's January 18, 2008 Order to Show Cause. 6. Chavez is a state prisoner and cannot easily be contacted about this requested

22 extension of time. Respondent would suffer substantial harm without this extension of time 23 because I would unable to file a proper and thorough response. 24 25 26 27 28
Req. for Extension of Time; [Proposed] Order
Chavez v: Curry

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on March 18, 2008, at sc California.

C-07-5014 PJH

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Case 3:07-cv-05014-PJH

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Filed 03/18/2008

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Chavez v. Curry

U. S. D. C., N. D., S. F. DIV., C-07-5014 PJH

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 March 18, 2008, I served the attached 1. RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME TO ANSWER PETITION; SUPPORTING DECLARATION OF COUNSEL; [PROPOSED] ORDER [PROPOSED] ORDER

2.

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 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows: Santos Chavez C-87968 Correctional Training Facility ED-178-UP P.O. Box 689 Soledad, CA 93960-0689 in pro per 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 March 18, 2008, at San Francisco, California.

J. Baker Declarant
40230785.wpd

^/ Signature