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

Case 3:07-cv-04833-MMC

Document 8

Filed 07/14/2008

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EDMUN D G. BROWN JR . Attorney General of the State of Califomia DANE R. GILLETTE Chief Assistant Attorney Gene ral JULIE L. GARLAN D Senior Assi stan t Attorney Gen eral JENN IFER A. NE ILL Supervising Deputy Attorney General AMANDA J. MURRA Y, State Bar No. 223829 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco. CA 94102-7004 Telep hone: (415) 703-574 1 Fax: (4 15) 703-5843 Email : [email protected] Attorneys for Respondent

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IN THE UNITED STATES DIST RICT COU RT FOR TI lE NORTHERN DISTRI CT OF CALIFORNIA SAN FRANC ISCO DIVISION El. K IN
GO~ IE Z,

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C 07-48 33 MMC Petitioner, RESI' O NDENT ' S R EQ UEST FO R AN EXTENSION OF TIME T O R ESPOND TO PETITION PENDI NG R ESI' O NDENT'S R EQ UEST TO STA Y; SU I' I' O RTING DEC l. ARATI O N OF C OUNSE l.; IPROI'OS EDI ORn ER Jud ge :
The Honorable Maxine M. Chesney

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v.
17 B. CU R RY, Warden, BOARD OF I'RISO N 18 19 20 21 22 23 24 25 26
TE R~ I S ,

Responde nts.

R EQ UEST FO R EXTENS ION OF T IME For the reason s set forth in the accompanying declaration of counsel, Responden t respectfully req ue an extension of time to respond to Go mez Petition for Wri t of Habeas sts Corpus, either 30 days after Respo ndent ' s Request to Stay this matter is denied or 30 days after the issuance of the mandate in Hayward v. Marshall, 527 F.3d 797 (9th CiT. 200 8) if Respo nden t' s Reque..est to Sta y is gran ted.

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Req . for Extensi on of Time ; (Proposed] Order

Game: v. Cuny
C 07-4833
~IM C

Case 3:07-cv-04833-MMC

Document 8

Filed 07/14/2008

Page 2 of 3

SU PPO RT IIi G Il EC LARAT IO Ii OF CO UNS EL 2 3 I, AMA NDA J. MURRAY. dec lare as follows:
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I am an attorney admitted to practice before the courts ofthe State of Cali fomi a

4 and before this Co urt. I am em ployed by the California Attorney General' s Office as a Deputy 5 Attorney General in the Correctiona l Writs and Appeals Section, and am assi gned to represent 6
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Respondent in this case.
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On April 14, 2008. this Cou rt ordered Respondent to respond to Go mez' s

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Petition lo r Writ of Habeas Co rpus by Joly 14, 2008. 3 On June 3, 2008. my secretary electronically tiled Respo ndent' s Reque st to Stay

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to Pending Issuance of Mandate in Hayward. To date . the Co urt has not ruled on Responden t' s
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Becau se of Responden t' s pend ing Reque st, Respondent re c tfully req uests spe

13 either: ( I) a 30-day extension of time utter this Cou rt denie Respondent' s Request to Stay; or s 14 (2) if th is Co urt grant s Respondent ' s Request. a 30-day extension of time after the issuance of the 15 mandate in Haywa rd.
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This request for an exten sion of time is not made for any purpose of harassment.

17 undue delay, or for any improper reason . Respondent has not requested any other extensions of 18 time to respond to the Co urt's April 14, 2008 Order to Show Cause.
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Go mez is a state prison er and cannot easily be contacted abo ut this requested

20 extension oftimc. Respondent would suff er substantial hann without this extension of time 21 22 23 24 beca use I wo uld unable to file a timel y response and this Court wou ld not have an opportunity to rule on Respondent's Request to Stay. I decl are under penalty of perjury that the foregoing is true and correct and that this declaration was executed on July 14. 2008. at

saC

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Req, for Extension ofTime: [Proposed ] Order

Gomez I '. Curry C 07-4833 MMC

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Case 3:07-cv-04833-MMC

Document 8

Filed 07/14/2008

Page 3 of 3

DEC LARATI ON O F SE RVICE BY U.S. MA IL Case Name:
No.:

G omez v, C u rry MM C

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I declare: I am employed in the Office of the Atto rney General, whi ch 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 o r older and not a party to this matter. I am familiar with the business practice at the Office of the Attorn ey General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the interna l mail coll ection system at the Offic e of tile Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. d On J uly 14,2008, I serve the attached RESPONDENT'S REQ UEST FO R AN EXT ENSIO N OF TIM E TO I~ E S I'O N D TO P ETIT IO N PEN DING RESP O ND ENT ' S REQ UEST TO STA Y; SUPPO RTING DEC LARAT IO N OF COU NSE L; II'ROI'OSEIJ I O RDE R by placing a true copy thereo f enclosed in a scaled envelope with postage thereon fully prepaid. in the internal mail collection system at the Office of the Atto rney General at 455 Gold en Gate Avenue, Suite 11000, San Francisco, CA 94 102-7004, addressed as follows:
Elki n Go mez, E-44776 C o r rectio na l Tra ini ng Facil ity F-205 I. 1'. 0. Box 689 Soled a d, C A 93960-0686 In Pro Per

I declare under penalty of pcrj ury under the laws of tile State of Ca lifornia the foregoing is true and correct and that this declaration was executed on July 14,2008, at San Francisco, California.

M.M. Argarin Declarant
2QI2~892_w pd

Signatu .