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

Case 3:07-cv-04796-WHA

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Filed 11/21/2007

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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 GERALD A. ENGLER Senior Assistant Attorney General 4 PEGGY S. RUFFRA Supervising Deputy Attorney General 5 RENÉ A. CHACÓN, State Bar No. 119624 Supervising Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-5957 7 Fax: (415) 703-1234 Email: [email protected] 8 Attorneys for Respondent 9 10 11 12 13 FLORENCIO TORRES RODRIGUEZ, 14 Petitioner, 15 v. 16 RICHARD SUBIO, 17 Respondent. 18 19 20 I, Rene A. Chacon, declare under penalty of perjury as follows: I am the California Supervising Deputy Attorney General assigned to represent DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR ENLARGEMENT OF TIME TO FILE ANSWER No. C 07-04796 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

21 respondent warden in this case. Respondent's Answer is currently due November 24, 2007. I have 22 not previously petitioned for any enlargement of time in this case. 23 Petitioner is presently serving a 10-year sentence. Petitioner is represented by counsel.

24 A state jury returned verdicts finding petitioner guilty of four counts of lewd and lascivious acts 25 upon a child under the age of 14, Cal. Penal Code § 288(a). The jury returned a special finding of 26 substantial sexual conduct with respect to two counts, Cal. Penal Code § 1203.066(a)(8). 27 I request an 30-day enlargement of time to file Respondent's Answer. In this case, I called

28 up the state record from archives and have received them. However, I have not had time to review
Declaration of Counsel in support of Application for Enlargement of Time No. C 07-04796 WHA

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Case 3:07-cv-04796-WHA

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Filed 11/21/2007

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1 those records and draft the responsive pleading. I fully expect to review the record and draft the 2 responsive pleading within the next 30 days. 3 On November 21, 2007, I telephoned opposing counsel's office and reported that I would

4 seek a 30-day enlargement of time. Counsel represented he had no objection to respondent's 5 application for an enlargement of time. 6 Accordingly, I request that the Court grant respondent to and including December 24,

7 2007, in which to file its Answer or other response to the petition. This application is made in good 8 faith. 9 I declare under penalty of perjury of the laws of the State of California and United States

10 of America that the foregoing is true and correct. Executed at San Francisco, California on 11 November 21, 2007. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Declaration of Counsel in support of Application for Enlargement of Time No. C 07-04796 WHA
40189484.wpd SF2007402694

/s/ René A. Chacón __________________________________ RENE A. CHACON Supervising Deputy Attorney General

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Case 3:07-cv-04796-WHA

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Filed 11/21/2007

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: Florencio T. Rodriguez 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 November 21, 2007, I served the attached: 1. APPLICATION FOR ENLARGEMENT OF TIME TO FILE ANSWER; 2. DECLARATION IN SUPPORT OF APPLICATION FOR ENLARGEMENT OF TIME TO FILE ANSWER; and 3. (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: Florencio Rodriguez, V-4470 Chuckawall Valley State Prison P.O. Box 2289 Blythe, CA 92226 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 November 21, 2007, at San Francisco, California. No.: C 07-04796 WHA

Josephine Espinosa Declarant
40189542.wpd

/s/ J. Espinosa Signature