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

Case 3:07-cv-04963-VRW

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Filed 03/14/2008

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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 DENISE A. YATES, State Bar No. 191073 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5531 Fax: (415) 703-5843 Email: [email protected] Attorneys for Respondent Robert L. Ayers, Warden at San Quentin State Prison SF2008400405 IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

JERRY L. SULLIVAN, Petitioner,

No. C 07-4963 VRW (PR) RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME TO FILE AN ANSWER; SUPPORTING DECLARATION OF COUNSEL

ROBERT L. AYERS JR., Warden, Respondent.

REQUEST FOR AN EXTENSION OF TIME Respondent Robert L: Ayers, Jr., Warden at San Quentin State Prison, requests that this Court, for the reasons set forth in the accompanying declaration of counsel, grant. an extension ' of

24 time to, and including, April 16, 2008, to file an Answer. 25 26 27 28 DECLARATION OF COUNSEL I, Denise A. Yates, declare: 1. I am an attorney admitted to practice before the courts of the State of California

and in this Court. I am employed by the California Attorney General's Office as a Deputy
Resp't's Req. for an EOT to File an Answer; Supporting Decl. of Counsel
Sullivan v. Ayers

No. C 07-4963 VRW (PR)

Case 3:07-cv-04963-VRW

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Filed 03/14/2008

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Attorney General in the Correctional Writs and Appeals Section. I am assigned to represent

2 Respondent in this case in which Petitioner Sullivan challenges the Board's July 21, 2006 3 4 decision denying Sullivan parole. 2. Pursuant to this Court's January 17, 2008 Order to Show Cause,

5 Respondent's Answer is due March 17, 2008. 6 3. I need additional time to prepare an Answer in this case because since being

assigned this case on or about February 4, 2008, I have prepared for filing: two answers, two motions to dismiss, one reply, and one answering brief in federal habeas cases; and five informal responses, one opening brief, and two discretionary petitions in state habeas cases. In addition, I prepared for and presented oral argument in the Ninth Circuit Court of Appeals. Further, I was 11 12 out of the office for at least five days. 4. In the next month, I am scheduled to prepare for filing: two returns, two opening

13 briefs, and two informal responses in state habeas cases; and one reply and one initial response in 14 federal habeas cases. In addition, I. must prepare for and participate in an evidentiary hearing, 15 and I will be out of the office for at least five days. Accordingly, Respondent respectfully

16 requests additional time to file an Answer: 17 5. This request for an extension of time is not made for any purpose of harassment,

18 undue delay, or for any improper reason. Petitioner Sullivan should not be prejudiced by this 19 request for an extension of time. Respondent has not requested any other extensions of time to 20 file an Answer in this case. Petitioner Sullivan is incarcerated in state prison and cannot easily .21 22 be contacted about this requested extension of time. 6. Without an extension of time, Respondent would be substantially harmed or

23 prejudiced in that I would not have adequate time to prepare a proper and thorough Answer. 24 I declare under penalty of perjury that the foregoing is true and correct and that this

25 declaration was executed on March 13, 2008, at Sang-ancisco, California. 26 27 28
L^ DE TISE A. YATES , Deputy Attorney General

Resp't's Req._for an EOT to File an Answer; Supporting Decl. of Counsel

Sullivan v. Ayers No. C 07-4963 VRW (PR)

Case 3:07-cv-04963-VRW

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Filed 03/14/2008

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Sullivan v. Ayers

C 07-4963 VRW

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 14, 2008, I served the attached RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME TO FILE AN ANSWER; SUPPORTING DECLARATION OF COUNSEL PROPOSED ORDER 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: Jerry Sullivan, C-66878 San Quentin State Prison 1 Main Street San Quentin, CA 94964 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 14, 2008, at San Francisco, California.

J. Palomino Declarant 40229393.wpd

Signature