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

Case 3:07-cv-04796-WHA

Document 4

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 For the reasons stated in the accompanying declaration of counsel, respondent hereby 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

20 requests a 30-day enlargement of time in which to file its Answer to the Petition for Writ of 21 Habeas Corpus. As explained in the accompanying declaration, counsel has assembled the 22 unsealed state record and requires time to complete review of those records in order to draft the 23 responsive pleadings. 24 Petitioner is a state prisoner serving a 10-year sentence, and appears with counsel.

25 Counsel has reported no objection to this application for an enlargement of time. 26 WHEREFORE, respondent respectfully request that this Court grant a 30-day

27 enlargement of time, to and including December 24, 2007, in which to file its Answer. 28 ///
Application for Enlargement of Time to file Answer No. C 07-04796 WHA

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Case 3:07-cv-04796-WHA

Document 4

Filed 11/21/2007

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40189483.wpd

Dated: November 21, 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 PEGGY S. RUFFRA Supervising Deputy Attorney General

/s/ René A. Chacón _________________________________ RENÉ A. CHACÓN Supervising Deputy Attorney General Attorneys for Respondent

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SF2007402694

Application for Enlargement of Time to file Answer

No. C 07-04796 WHA

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Case 3:07-cv-04796-WHA

Document 4

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