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

Case 3:07-cv-04927-SI

Document 7

Filed 02/01/2008

Page 1 of 5

1 2 3 4 5 6 7 .8

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 AMBER N. WIPFLER, State Bar No. 238484 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5721 Fax: (415) 703-5843 Email: [email protected]

9 Attorneys for Respondent Warden B. Curry 10 11 12 13 14 C07-4927 SI 15 16 17 18 19 20 21 22 REQUEST FOR EXTENSIONOFTIME TO FILE ANSWER Petitioner Sylvester Strong is a California state inmate at the Correctional Training Facility, proceeding pro in this habeas corpus action. Petitioner alleges that Governor Arnold Schwarzenegger unconstitutionally reversed his 2006 parole grant. On November 14, 2007, this Court issued an Order to Show Cause, requiring Respondent Warden Ben Curry to file an Answer on or before January 18, 2007. This Court then granted Respondent an extension of time, up to and including February 1, 2008. For the reasons set forth in the attached Declaration 28 of Counsel, Respondent respectfully requests a second two-week extension of time, up to and
Req. for EOT; Decl. of Counsel, [Prop.] Order
Strong v. Curry

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

SYLVESTER STRONG, Petitioner, v. BEN CURRY, Warden, Respondent. REQUEST FOR SECOND EXTENSION OF TIME TO FILE ANSWER; DECLARATION OF COUNSEL; [PROPOSED] ORDER Judge: The Honorable Susan Illston

C0.7-4927 SI

1

Case 3:07-cv-04927-SI

Document 7

Filed 02/01/2008

Page 2 of 5

1 2

including February 15, 2008, to file a responsive pleading in this matter. Dated: January 31, 2008 Respectfully submitted, 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

7 8 9 10 11 12 13 14
40213559.wpd

AMBER N. WIP LER Deputy Attorney General Attorneys for Respondent

15 16 17 18 19 20

SF2007403218

24 25 26 27 28
Req. for EOT; Decl. of Counsel, [Prop.] Order
Strong v. Curry

C07-4927 SI

2

Case 3:07-cv-04927-SI

Document 7

Filed 02/01/2008

Page 3 of 5

1 2 3

DECLARATION OF COUNSEL I, Amber N. Wipfler, declare: 1. I am an attorney admitted to practice before the courts of the state of California. I am

4 employed by the California Office of the Attorney General as a Deputy Attorney General in the 5 6 Correctional Writs and Appeals section. 2. I am the attorney assigned to respond to the petition for writ of habeas corpus filed by

7 inmate Sylvester Strong. 8 3. On November 14, 2007, this Court issued an Order to Show Cause, requiring

9 Respondent Warden Ben Curry to file a responsive pleading on or before January 18, 2008. This 10 Court then issued Respondent a two-week extension of time, up to and including February 1, 11 12 2008, to file an Answer. 4. I have not yet received a copy of Petitioner's appellate court petition and denial. On

13 January 30, 2008, I was informed that his file was misplaced, but was assured that I would 14 receive a copy of the necessary documents within the next week. 15 5. The appellate petition and decision are necessary for me to determine whether

16 Petitioner has exhausted his state court remedies, and whether there is a reasoned state court 17 decision for the purposes of the Antiterrorism and Effective Death Penalty Act of 1996 18 19 (AEDPA). 6. Accordingly, Respondent respectfully requests an additional two-week extension of

20 time, up to and including February 15, 2008, to file a responsive pleading in this matter. 21 7. This request is not made for any purpose of harassment, undue delay, or for any

22 improper reason. 23 8. Without an extension of time, Respondent would be substantially harmed or prejudiced

24 in that Respondent would not have the opportunity to determine whether the petition meets 25 exhaustion requirements, or whether there is a reasoned state court decision subject to deference

26 /// 27 /// 28 ///
Req. for EOT; Decl. of Counsel, [Prop.] Order
Strong v. Curry

C07-4927 SI

3

Case 3:07-cv-04927-SI

Document 7

Filed 02/01/2008

Page 4 of 5

1 2

under AEDPA. I declare under penalty of perjury that the above is true and correct, and that this declaration

3 was executed on January 31, 2008, in San Francisco, California. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Req. for EOT; Decl. of Counsel, [Prop.] Order
Strong v. Curry

Amber N. Wipfler V V Deputy Attorney general

C07-4927 SI

4

Case 3:07-cv-04927-SI

Document 7

Filed 02/01/2008

Page 5 of 5

DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: 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 February 1, 2008, I served the attached RESPONDENT'S REQUEST FOR SECOND EXTENSION OF TIME TO FILE . ANSWER; DECLARATION OF COUNSEL 2. [PROPOSED] ORDER Strong v. Curry C07-4927 SI

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: Sylvester Strong D-99287 Correctional Training Facility P.O. Box 686 Soledad, CA 93960-0686 In Pro Se D-99287 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 February 1, 2008, at San Francisco, California.

S. Redd Declarant
40213627.wpd

Signature