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

Case 3:07-cv-04904-PJH

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Filed 03/28/2008

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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 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)

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Case 3:07-cv-04904-PJH

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Filed 03/28/2008

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(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 (5) Respondent has filed two prior extension requests in this case. This court

4 extended our time to March 28, 2008. 5 (6) I received this court's order to show cause on October 4, 2007. I promptly ordered

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

8 orders, and other materials. 9 (8) I have reviewed the petition and the claims of instructional error, improper failure

10 to limit or sanitize impeachment evidence. 11 (9) Despite my best intentions, I have been unable to complete preparation of our

12 pleading. It was necessary for me to complete pleadings in People v. Rutledge, A115713, People 13 v. Ross, H030005, Greensweight on Habeas Corpus, A120441, Dossman v. Newland, C00-0384 14 (on remand from 9th Circuit), People v. Grimmer, A118531, People v. Moore, A117300. At the 15 same time, in my capacity as a supervisor, it was necessary for me to review numerous lengthy 16 draft pleadings prepared by other deputies in this office. I just completed reviewing a 142 page 17 draft respondent's brief addressing numerous complex issues. I must prepare pleadings in 18 Jordan v. Yates, C07-4680, Conti v. Evans, C05-2145, Magraff v. Ayers, CIV S 07-1121, 19 Espinosa v. Walker, C 07-1741. I am working on Espinosa. 20 For the foregoing reasons, we respectfully request an extension of time of 60 days, to

21 and including May 27, 2008, in which to answer the petition. 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)

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Case 3:07-cv-04904-PJH

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Filed 03/28/2008

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Dated: March 28, 2008 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)

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