Free Ex Parte Application - District Court of California - California

Case 3:07-cv-04797-MMC

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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 Pursuant to Civil L.R. 6-3 and Habeas L.R. 2254-6, respondent hereby requests a 60-day JAMES TILTON, Director of the California Department of Corrections; BEN CURRY, Warden, 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

21 extension of time from today's date until September 7, 2008, in which to file a response to the 22 petition for writ of habeas corpus. Good cause for the extension is set forth in the accompanying 23 declaration of counsel. We have not attempted to contact petitioner, who is an incarcerated state 24 prisoner representing himself in this case. 25 WHEREFORE, respondent respectfully requests that this Court grant an extension of time

26 to and including September 7, 2008, in which to file the answer or other responsive pleading. 27 28
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

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Filed 07/09/2008

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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

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

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: Kun Shan Peng v. JamesTilton, Director of the California Department of Corrections; Ben Curry, Warden

No.:

C 07-4797 MMC (PR)

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; my business address is 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004. On July 9, 2008, I served the attached APPLICATION FOR EXTENSION OF TIME TO FILE RESPONSE DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR EXTENSION OF TIME TO FILE RESPONSE ORDER GRANTING FIRST EXTENSION OF TIME TO FILE RESPONSE by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at San Francisco, California, addressed as follows: Kun Shan Peng H-52106 San Quentin State Prison 5N63L San Quentin, CA 94974 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 July 9, 2008, at San Francisco, California.

M. Argarin Declarant
20121294.wpd

/s/ M. Argarin Signature