Free Exhibits - District Court of California - California

Case 3:07-cv-04833-MMC

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Filed 06/03/2008

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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 ' AMANDA J. MURRAY, State Bar No. 223 829 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5741 Fax: (415) 703-5843 Email: [email protected]

9 Attorneys for Respondent 10 11 12 '13 14 ELKIN GOMEZ, 15 Petitioner, 16 v. 17 B. CURRY, Warden, BOARD OF PRISON TERMS, 18 Respondents. 19 20 21 22 23 24 25 26 27 28
Exhibit 1 in Support of Req. for Stay
Gomez v. Curry

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 'C 07-4833 MMC EXHIBIT 1 IN SUPPORT OF RESPONDENT'S REQUEST FOR STAY PENDING ISSUANCE OF THE MANDATE IN HA YWARD Judge: The Honorable Maxine M. Chesney

EXHIBIT 1

C 07-4833 MMC

Case 3:07-cv-04833-MMC

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Filed 06/03/2008

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FILED
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MAY 16 2008
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

RONALD HAYWARD, Petitioner - Appellant, v.

No. 06-55392 D.C. No. CV-05-07239-GAF(CT)

ORDER JOHN MARSHALL, California Men's Colony East, Respondent - Appellee.

KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Case 3:07-cv-04833-MMC

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Filed 06/03/2008

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Gomez v. Curry

C 07-4833 MMC

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 June 3, 2008, I served the attached EXHIBIT 1 IN SUPPORT OF RESPONDENT'S REQUEST FOR STAY PENDING ISSUANCE OF THE MANDATE IN HAYWARD 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: Elkin Gomez, E-44776 Correctional Training Facility P.O. Box 689 F-205 L Soledad, CA 93960-0686 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 June 3, 2008, at San Francisco, California.

M.M. Argarin .Declarant
20114721.wpd

Signatu