Free Motion for Extension of Time to File Response/Reply - District Court of California - California

Case 3:07-cv-04821-WHA

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Filed 11/26/2007

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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 JULIE L. GARLAND Senior Assistant Attorney General 4 ANYA M. BINSACCA Supervising Deputy Attorney General 5 BRIAN C. KINNEY, State Bar No. 245344 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-5255 7 Fax: (415) 703-5843 Email: [email protected] 8 9 Attorneys for Respondent Ben Curry 10 11 12 13 14 Darryl Dawson, 15 Petitioner, 16 v. 17 Ben Curry, Warden, 18 Respondent. 19 20 21 REQUEST FOR EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING Petitioner Darryl Dawson is a California state inmate proceeding pro se in this habeas Judge: The Honorable William Alsup REQUEST FOR AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING; DECLARATION OF COUNSEL C07-4821 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

22 corpus action. Petitioner, who is currently serving an indeterminate sentence for first-degree 23 murder, alleges that the California Board of Parole Hearings unconstitutionally denied him 24 parole in a 2006 parole consideration hearing. On September 25, 2007, this Court issued an 25 order to show cause. For the reasons set forth in the accompanying declaration of counsel, 26 Respondent 27 / / / 28 / / /
Req. for Ext. of Time to File a Response; Decl. of Counsel Dawson v. Curry C07-4821 WHA

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Case 3:07-cv-04821-WHA

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Filed 11/26/2007

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1 respectfully requests a thirty-day extension of time, up to and including December 26, 2007, to 2 file a responsive pleading in this matter. 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
Req. for Ext. of Time to File a Response; Decl. of Counsel Dawson v. Curry C07-4821 WHA
40189818.wpd SF2007200806

Dated: November 26, 2007 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

/S/ BRIAN C. KINNEY BRIAN C. KINNEY Deputy Attorney General Attorneys for Respondent

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Case 3:07-cv-04821-WHA

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Filed 11/26/2007

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DECLARATION OF COUNSEL I, Brian C. Kinney, declare: 1. I am an attorney licensed 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 Correctional Writs and Appeals section. 6 2. I am the attorney assigned to respond to the petition for writ of habeas corpus filed by

7 inmate Darryl Dawson. 8 3. On September 25, 2007, this Court issued an order to show cause requiring

9 Respondent to file a responsive pleading by November 26, 2007. This matter was assigned to 10 me on October 11, 2007. 11 4. I am requesting an extension of time because I have had twelve other matters due in

12 other courts during this time. 13 5. I have not had the time to review all of the documents filed by Mr. Dawson or all of

14 his records from the California Department of Corrections and Rehabilitation. Therefore, I 15 respectfully request an additional thirty days, up to and including December 26, 2007, to file a 16 responsive pleading in this matter. 17 6. Mr. Dawson is representing himself, and, because he is currently incarcerated, he is

18 not easily reachable for notification that I am requesting an extension of time. 19 7. This request is not made for any purpose of harassment, undue delay, or for any

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

22 because Respondent would not have an opportunity to prepare a thorough responsive pleading. 23 I declare under penalty of perjury that the above is true and correct, and that this declaration

24 was executed on November 26, 2007, in San Francisco, California. 25 26 27 28
Req. for Ext. of Time to File a Response; Decl. of Counsel Dawson v. Curry C07-4821 WHA

/S/ BRIAN C. KINNEY Brian C. Kinney Deputy Attorney General

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