Free Ex Parte Application - District Court of California - California

Case 3:07-cv-04797-MMC

Document 6-2

Filed 07/09/2008

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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 ARTHUR P. BEEVER Deputy Attorney General 6 State Bar No. 242040 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 7 Telephone: (415) 703-5865 Fax: (415) 703-1234 8 Email: [email protected] 9 Attorneys for Respondent 10 11 12 13 KUN SHAN PENG, 14 Petitioner, 15 v. 16 17 18 Respondent. 19 20 21 I, Arthur P. Beever, declare under penalty of perjury as follows: 1. I am a Deputy Attorney General for the State of California and am assigned to JAMES TILTON, Director of the California Department of Corrections; BEN CURRY, Warden, DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR EXTENSION OF TIME TO FILE RESPONSE C 07-4797 MMC (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

22 represent respondent in this habeas corpus case. 23 2. On April 10, 2008, this Court issued an Order to Show Cause why the petition for a

24 writ of habeas corpus should not be granted. The California Attorney General's Office in San 25 Francisco docketed the order on April 18, 2008. 26 3. I am unfamiliar with the case. I have begun attempting to secure a copy of the state

27 court record on direct appeal. However, I am presently unable to begin working on this case because 28 I am preparing the response in Lowe v. Walker (C 08-005). In the past 90 days, I filed Answers in
Dec. of Counsel in Support of App. for Ext. of Time to File Response - Peng v. Tilton - C 07-4797 MMC (PR)

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Case 3:07-cv-04797-MMC

Document 6-2

Filed 07/09/2008

Page 2 of 2

1 the previously assigned cases of Thigpen v. Adams (C 07-4028) and Johnson v. Kane (C 07-4417), 2 the Respondent's Brief On The Merits in People v. Stevens (California Supreme Court case number 3 S158852), and supplemental briefing requested by the California Court of Appeal in People v. Ray 4 (A115103). I also appeared for oral argument in People v. Leal (H030415) and People v. Ray. I 5 have four other previously assigned cases. Once I have completed those cases, I will devote 6 substantially all of my time to working on this case. 7 4. I have not attempted to contact petitioner because he is an incarcerated state prisoner

8 who is representing himself in this case. 9 5. Accordingly, I respectfully request that this Court grant an extension of time to and

10 including September 7, 2008, in which to file a response to the order to show cause. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Dec. of Counsel in Support of App. for Ext. of Time to File Response - Peng v. Tilton - C 07-4797 MMC (PR)

Dated: July 9, 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/ Arthur P. Beever ARTHUR P. BEEVER Deputy Attorney General Attorneys for Respondent

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