Free Ex Parte Application - District Court of California - California

Case 3:07-cv-04797-MMC

Document 10-2

Filed 09/08/2008

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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. I have received one prior extension of time for a 26 total of 60 days. 27 3. I have reviewed the petition and obtained copies of portions of the state court record.

28 However, I am presently unable to begin working on this case because I am preparing the response
Dec. of Counsel in Support of App. for Ext. of Time to File Response - C 07-4797 MMC (PR)

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Case 3:07-cv-04797-MMC

Document 10-2

Filed 09/08/2008

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1 in Smith v. Runnels (C 05-3822). In the past 60 days, I filed Answers in the previously assigned 2 cases of Lowe v. Walker (C 08-005), Nawabi v. Hartely (C 08-1258), and Washington v. Adams (C 3 06-4802). After I complete the Answer in Smith v. Runnels, I must prepare the respondent's brief 4 in Gaines v. Scribner (9th Cir. No. 07-17279). After I have completed those cases, will devote 5 substantially all of my time to working on this case. 6 4. I have not attempted to contact petitioner because he is an incarcerated state prisoner

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

9 including November 6, 2008, in which to file a response to the order to show cause. 10 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 - C 07-4797 MMC (PR)

Dated: September 8, 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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