Free Motion for Extension of Time to File Answer - District Court of California - California

Case 3:07-cv-04899-MMC

Document 7-2

Filed 07/08/2008

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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 JOAN KILLEEN Deputy Attorney General 6 State Bar No. 111679 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-3664 7 Telephone: (415) 703-5968 Fax: (415) 703-1234 8 Email: [email protected] 9 Attorneys for Respondent 10 11 12 13 MICHAEL B. NORDLOF, 14 Petitioner, 15 v. 16 KEN CLARK, Warden, 17 Respondent. 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF COUNSEL IN SUPPORT OF RESPONDENT'S EX PARTE APPLICATION FOR FIRST EXTENSION OF TIME C 07-4899 MMC (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 3:07-cv-04899-MMC

Document 7-2

Filed 07/08/2008

Page 2 of 3

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 JOAN KILLEEN Deputy Attorney General 6 State Bar No. 111679 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-3664 7 Telephone: (415) 703-5968 Fax: (415) 703-1234 8 Email: [email protected] 9 Attorneys for Respondent 10 11 12 13 MICHAEL B. NORDLOF, 14 Petitioner, 15 v. 16 KEN CLARK, Warden, 17 Respondent. 18 19 20 I, Joan Killeen, declare under penalty of perjury that: I am a Deputy Attorney General of the State of California and am admitted to practice law DECLARATION OF COUNSEL IN SUPPORT OF RESPONDENT'S EX PARTE APPLICATION FOR FIRST EXTENSION OF TIME C 07-4899 MMC (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

21 in this state and before this Court. I have been assigned to represent respondent and to prepare the 22 answer in this case. Respondent has made no previous request for an extension of time. 23 On April 10, 2008, this Court issued an Order to Show Cause, directing respondent to file

24 an answer to the petition for writ of habeas corpus within sixty days. 25 I request an additional sixty days from the present due date of July 9, 2008, to prepare and

26 file the answer. This request is not made for the purpose of delay. In the past sixty days, I filed the 27 answer to the petition for writ of habeas corpus in Hawkins v. Dexter, C 08-1087 SI (PR), a motion 28
Declaration Of Counsel In Support Of Respondent's Ex Parte Application For First Extension Of Time - C 07-4899 MMC (PR)

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Case 3:07-cv-04899-MMC

Document 7-2

Filed 07/08/2008

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1 to dismiss the petition for writ of habeas corpus in Monroe v. Adams, CIV S-08-0558 MCE DAD 2 P, a reply to the opposition to a motion to dismiss the petition for writ of habeas corpus in McCord 3 v. Warden, C 07-5217 CRB, and the respondent's brief in People v. Ary, 113020, a case with 4 complex issues and a voluminous record. I am currently working on the respondent's brief in 5 People v. Terwilligar, A119000, a case with a reporter's transcript over 1,800 pages long and a 6 clerk's transcript over 1,450 pages long, as well as a related habeas corpus petition, In re 7 Terwilligar, A121690. In addition, I have to file the respondent's brief in People v. Gonzalez, 8 H032193, and the answers to the petitions for writ of habeas corpus in Juniel v. Felkner, C 07-4542 9 RMW (PR), Smiley v. Evans, C 08-0045 RMW (PR), and Tamboura v. Ayers, C 08-1143 JF (PR), 10 before beginning work on the answer in this case. 11 Petitioner raises seven claims for relief in connection with his 2004 convictions for

12 attempted first degree burglary, vehicle theft, and felon in possession of a firearm, with prior 13 conviction enhancements. In light of my current work load, the number of claims raised by 14 petitioner, and the necessity of reviewing the trial record to address those claims, I will be unable 15 to prepare and file the answer by the current due date. 16 17 se. 18 19 20 21 22 23 24 25 26 27 28
Declaration Of Counsel In Support Of Respondent's Ex Parte Application For First Extension Of Time - C 07-4899 MMC (PR)

I have not contacted petitioner in this case because he is a state prisoner proceeding pro

Executed on July 8, 2008, at San Francisco, California.

/s/ Joan Killeen JOAN KILLEEN Deputy Attorney General

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