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

Case 3:07-cv-04927-SI

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Filed 01/16/2008

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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 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 10 11 12 13 14 15 16 .17 18 19 20 21. REQUEST FOR EXTENSIONOFTIME TO FILE ANSWER Petitioner Sylvester Strong is a California state; inmate at the Correctional Training Facility, v. BEN CURRY, Warden, Judge: The Honorable Susan Illston Respondent. SYLVESTER STRONG, Petitioner, REQUEST FOR EXTENSION OF TIME TO FILE ANSWER; DECLARATION OF COUNSEL; [PROPOSED] ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION C07-4927 SI

22 proceeding pro in this habeas corpus action. Petitioner alleges that Governor Arnold 23 Schwarzenegger unconstitutionally reversed his 2006 parole grant. On November 14, 2007, this

24 Court issued an Order to Show Cause, requiring Respondent Warden Ben Curry to file an 25 Answer on or before January 18, 2007. For the reasons set forth in the attached Declaration of 26 Counsel; Respondent respectfully requests a two-week extension of time, up to and including 27 //I 28 ///
Req. for EOT; Decl. of Counsel; [Prop.] Order 1
Strong v. Curry .

Case No. C07-4927 SI

Case 3:07-cv-04927-SI

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February 1, 2008, to file a responsive pleading in this matter. Dated: January 16, 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

AMBER N. WI' LER Deputy Attorney General Attorneys for Respondent Warden B. Curry
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Req. for EOT; Decl. of Counsel; [Prop.] Order

Strong v. Curry

Case No. C07-4927 SI

Case 3:07-cv-04927-SI

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DECLARATION OF COUNSEL 2 3 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 Respondent

9 Warden Ben Curry to file a responsive pleading on or before January 18, 2008. 10 11 4. On November 30, 2007, my paralegal ordered copies of Petitioner's state court petitions

and orders from Fresno County Superior Court, the Fifth District Court of Appeal, and the California

12 Supreme Court. As of today, January 15, 2008, the documents from the appellate court have not yet 13 14 arrived. Furthermore, petitioner did not attach these documents as exhibits to the Petition. 5. The appellate petition and decision are necessary for me to determine whether Petitioner

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

18 up to and,including February 1, 2008, to file a responsive pleading in this matter. 19 7. This request is not made for any purpose of harassment, undue delay, or for any improper

20 reason. 21 8. Without an extension of time, Respondent would be substantially harmed or prejudiced

22 in that Respondent would not have the opportunity to determine whether the petition meets exhaustion requirements, or whether there is a reasoned state court decision subject to deference /// /// /// 27 28
Req. for EOT; Decl. of Counsel; [Prop.] Order
Strong v. Curry

Case No. C07-4927 SI

Case 3:07-cv-04927-SI

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under AEDPA. 2 3 4 5 6 7 8 9 I declare under penalty of perjury that the above is true and correct, and that this declaration was executed on January 16, 2008, in San Francisco, California.

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Req. for EOT; Decl. of Counsel; [Prop.] Order
Strong v. Curry

Case No. C07-4927 SI

Case 3:07-cv-04927-SI

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CERTIFICATE 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 January 16, 2008, I served the following documents: 1. RESPONDENT'S REQUEST FOR EXTENSION OF TIME TO FILE ANSWER; DECLARATION OF COUNSEL [PROPOSED] ORDER Strong v. Curry C07-4927 SI

2.

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

Electronic Mail Notice List
I have caused the above-mentioned documents to be electronically served on the following person, who is currently on the list to receive e-mail notices for this case: NONE

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Case 3:07-cv-04927-SI

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Manual Notice List

The following are those who are not on the list to receive e-mail notices for this case (who therefore require manual noticing): 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 January 16, 2008, at San Francisco, California.

S. Redd Declarant
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Signature

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