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

Case 3:07-cv-04904-PJH

Document 7-2

Filed 11/20/2007

Page 1 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 STAN HELFMAN, State Bar No. 49104 Supervising Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 5 San Francisco, CA 94102-7004 Telephone: (415) 703-5854 6 Fax: (415) 703-1234 Email: [email protected] 7 8 Attorneys for Respondent 9 10 11 12 13 HENRY LEE TOWNSEND, 14 Petitioner, 15 v. 16 DERRAL ADAMS, Warden, 17 Respondent. 18 19 20 21 Stan Helfman states under Penalty of Perjury: (1) I am a Supervising Deputy Attorney General for the State of California and I DECLARATION OF STAN HELFMAN IN SUPPORT OF MOTION FOR EXTENSION OF TIME TO FILE ANSWER C 07-4904 PJH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

22 represent respondent in this matter. 23 (2) According to the Order to Show Cause, Townsend was convicted by a jury of

24 receiving stolen property and use of a stolen access card with enhancements for priors, he was 25 sentenced to a term of 25 years to life. The California Court of Appeal affirmed the conviction. 26 The California Supreme Court denied review. 27 (3) On September 21, 2007, Townsend filed a pro se petition for a writ of habeas

28 corpus in this court.
Decl. of Stan Helfman in Support of Mot. for EOT to File Answer Townsend v. Adams, Warden C 07-4904 PJH (PR)

1

Case 3:07-cv-04904-PJH

Document 7-2

Filed 11/20/2007

Page 2 of 3

1

(4) On September 28, 2007, this Court issued an order to show cause and directed the

2 service and filing of an answer on or before November 27, 2007. 3 4 (5) Respondent has filed no prior request for extension of time in this case. (6) I received this court's order to show cause on October 4, 2007. I promptly ordered

5 our state appeal file, which I received on October 11, 2007. 6 (7) The appeal file consists of approximately 700 pages of transcripts, pleadings,

7 orders, and other materials. 8 (8) I have reviewed the petition and the claims of instructional error, improper failure

9 to limit or sanitize impeachment evidence. 10 (9) Despite my best intentions, I have been unable to complete preparation of our

11 pleading. It was necessary for me to complete pleadings in People v. Brown, A116120, People 12 v. Kearney, A114030, People v. Perez, H031212, Whitaker v. Hall, C 05-5065, People v. Moore, 13 A116429, People v. Saucedo, A111913, and People v. Wiles, A114212. At the same time, in my 14 capacity as a supervisor, it was necessary for me to review numerous lengthy draft pleadings 15 prepared by other deputies in this officer. I must prepare pleadings in People v. Rutledge, 16 A115713, People v. Bucao, H031455, Magraff v. Ayers, Civ 307-1121, Espinosa v. Walker, 17 C 07-1741. I am working on Bucao. 18 For the foregoing reasons, we respectfully requests an extension of time of 62 days, to

19 and including Monday, January 28, 2008, in which to answer the petition. 20 21 22 23 24 25 26 27 28
Decl. of Stan Helfman in Support of Mot. for EOT to File Answer Townsend v. Adams, Warden C 07-4904 PJH (PR)

2

Case 3:07-cv-04904-PJH

Document 7-2

Filed 11/20/2007

Page 3 of 3

1 2 3 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
40188711.wpd SF2007402695

Dated: November 20, 2007 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General

/s/ Stan Helfman STAN HELFMAN Supervising Deputy Attorney General Attorneys for Respondent

Decl. of Stan Helfman in Support of Mot. for EOT to File Answer

Townsend v. Adams, Warden C 07-4904 PJH (PR)

3