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

Case 3:07-cv-04804-JSW

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Filed 03/28/2008

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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 AMANDA J. MURRAY, State Bar No. 223829 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5741 Fax: (415) 703-5843 Email: [email protected] .

9 Attorneys for Respondent Warden Robert Horel 10 11 12 13 14 GEORGE RUIZ, 15 16 v. 17 18 19 20 21 REQUEST FOR EXTENSION OF TIME For the reasons set forth in the accompanying declaration of counsel, Respondent ROBERT HOREL, Warden, Judge: The Honorable Jeffrey S. White Petitioner, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION C07-4804 JSW RESPONDENT'S REQUEST FOR AN , EXTENSION OF TIME TO ANSWER PETITION; SUPPORTING . DECLARATION OF COUNSEL; [PROPOSED] ORDER

22 respectfully requests that this Court grant an extension of time, to and including April 30, 2008, in which to reply to Ruiz's Petition for Writ of Habeas Corpus. .,, . 24 // 23 25 // 26 // 27 // 28 //
Req. for Extension of Time; [Proposed] Order
Ruiz v. Horel C07-4804 JSW

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Case 3:07-cv-04804-JSW

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Filed 03/28/2008

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SUPPORTING DECLARATION OF COUNSEL I, AMANDA J. MURRAY, declare as follows: 1. I am an attorney admitted to practice before the courts of the State of California

4 and before this Court. I am employed by the California Attorney General's Office as a Deputy 5 Attorney General in the Correctional Writs and Appeals Section, and am assigned to represent 6 Respondent in this case. 7 2. On March 19, 2008, I discovered our records inaccurately reflected that we had

8 requested and received Ruiz's California Supreme Court Petition and Denial when in fact, we 9 had not. Accordingly, we immediately requested these documents from the California Supreme 10 Court. To date, we have not received them. 11 3. The requested documents are necessary for me to determine whether Ruiz has

12 exhausted his state court remedies by presenting his federal claims to the California Supreme 13 Court and whether Respondent should file an Answer or a Motion to Dismiss in response to

14 Ruiz's Petition. Because I do not know when I will receive the documents, I respectfully request 15 that Respondent's deadline to provide an Answer to Ruiz's Petition be extended to April 30, 16 2008. 17 4. This request for an extension of time is not made for any purpose of harassment,

18 undue delay, or for any improper reason. Respondent has not requested any other extensions of 19 time to respond to the Court's January 30, 2008 Order to Show Cause. 20 21 5. Ruiz is a state prisoner and cannot easily be contacted about this requested

extension of time. Respondent would. suffer substantial harm without this extension of time

22 because I would unable to file a proper and thorough responsive pleading. 23 I declare under penalty of perjury that the foregoing is true and correct and that this lifornia.

24 declaration was executed on March 28, 2008, at Scisco 25 26 27 28
Req. for Extension of Time; [Proposed] Order

Ruiz v. Horel . C07-4804 JSW

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Case 3:07-cv-04804-JSW

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Filed 03/28/2008

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 This Court considered Respondent's Request for an Extension of Time to Answer Petition, and good cause appearing, IT IS HEREBY ORDERED that Respondent's Request for an Extension of Time to Answer Petition is GRANTED. Respondent shall answer Petitioner's Petition for Writ of GEORGE RUIZ, Petitioner, v. ROBERT HOREL, Warden Respondent. [PROPOSED] ORDER No. C07-4804 JSW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

24 Habeas Corpus by April 30, 2008. 25 26 27 28
Req. for Extension of Time; [Proposed] Order
Ruiz v. Horel C07-4804 JSW

Dated: JEFFREY S. WHITE United States District Judge

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Ruiz v. Horel

C07-4804 JSW

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 March 28, 2008, I served the attached RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME TO ANSWER PETITION; SUPPORTING DECLARATION OF COUNSEL; [PROPOSED] ORDER 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: George Ruiz, B-82089 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 in pro per

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 March 28, 2008, at San Francisco, California.

M.M. Argarin. Declarant
40234803.wpd

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