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

Case 4:07-cv-04713-CW

Document 4

Filed 04/07/2008

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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 JULIE L. GARLAND Senior Assistant Attorney General ,4 ANYAM. BINSACCA Supervising Deputy Attorney General 5 BRIAN C. KINNEY, State Bar No. 245344 Deputy Attorney General . 6 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 7 Telephone: (415) 703-5255 Fax: (415) 703-5843 8 Email: [email protected] 9 Attorneys for Respondent 10 11 12 13 14 PEDRO FELICIANO, 15 - Petitioner, 16 C 07-4713 CW REQUEST FOR AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING; DECLARATION OF COUNSEL Judge: The Honorable Claudia Wilken IN THE UNITED STATES DISTRICT COURT FOR
THE~ORTHERN

DISTRICT OF CALIFORNIA

OAKLAND DIVISION

v.
17 BEN CURRY, Warden, - 18 Respondent. 19 20 21 22

REOUEST FOR EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING Petitioner Pedro Feliciano is a California state inmate proceeding pro se in this habeas corpus action. Petitioner, who is-currently serving an indeterminate sentence for first-degree -

23 murder, alleges thatthe California Board of Parole Hearings unconstitutionally denied him parole 24 at his 2005 parole consideration hearing. On February 7, 2008', this Court issued an order to

25 .show cause why the writ should not be granted. For the reasons set forth in the accompanying

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Req. for Ext. of Time to File a Response; Decl, of Counsel
Feliciano v. Curry C 07-4713 CW

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Case 4:07-cv-04713-CW Document 4 Filed 04/07/2008 Page 2 of 5

1 declaration of counsel, Respondent respectfully requests a thirty-day extension of time, up to and 2 including May 7,2008, to file a responsive pleading in this matter.
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Dated: April 7, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General

ruus L. GARLAND
Senior Assistant Attorney General ANYAM. BINSACCA Supervising Deputy Attorney General

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40238005.wpd

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

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SF2008400601

Req. for Ext. of Time to File a Response; Dec!. of Counsel

Feliciano v. Curry C 07-4713 CW

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Case 4:07-cv-04713-CW

Document 4

Filed 04/07/2008

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I, Brian C. Kinney, declare:
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I am an attorney licensed to practice before the courts of the State of California and this

Court. I ani employed by the California Office of the AttorneyGeneral as a Deputy Attorney General, in the Correctional Writs and Appeals section. 2.
I am the attorney assigned to respond to the petition for writ of habeas corpus filed by

6 inmate Pedro Feliciano. 7 3. On February 7,2008, this Court issued an orderto show cause requiring Respondent to

8 file a responsive pleading by April 7, 2008. On February 22, 2008, my paralegal requested the 9 documents necessary to respond to Petitioner's claim. Specifically, she requested Petitioner's

10 parole hearing transcript from the Board of Parole Hearings, prison documents from the

11 Correctional Training Facility, and the state-court petitions and denials from the San Bernardino
12 County Superior Court, the California Court of Appeal, and the California Supreme Court. 13 4. As oflast week, the Attorney General's Office had not received the documents from

14 the Correctional Training Facility, or the petition and denialfrom the San Bernardino County 15 Superior Court. As a result, my paralegal re-requested these documents on April 2, 2008. As of

16 yet, these documents have not arrived at the Attorney General's Office. 17 5. As a result, I am respectfully requesting an extension oftime because I iack documents

18 necessary to prepare a thorough responsive pleading. I respectfully request an additional thirty 19 20 21 22 23 24 25
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days, up to and including May 7,2008, to file a responsive pleading in this matter. 6. Petitioner is representing himself, and, because he is currently incarcerated, he is not

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

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Req. for Ext. of Time to File a Response; Dec!. of Counsel Feliciano v. Curry C 07-4713 CW

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Case 4:07-cv-04713-CW

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Without an extension oftime, Respondent would be substantially harmed or prejudiced

2 because Respondent would not have an opportunity to prepare a thorough responsive, pleading. 3 I declare under penalty of perjury that the above is true and correct, and that this declaration

4 was executed on April 7, 2008, in San Francisco, California.
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lSI BRIAN C. KINNEY Brian C. Kinney Deputy Attorney General

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Req. for Ext of Time to File a Response; Dec!. of Counsel Feliciano v, Curry C 07-4713 CW

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Case 4:07-cv-04713-CW

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DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Case No.: 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 ofthe 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.
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Pedro Feliciano v. Ben Curry, Warden C 07-4713 CW

On April 7, 2008, I served the attached
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1) REQUEST FOR AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING; DECLARATION OF COUNSEL; 2) [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: Pedro Feliciano (C-59854) Correctional Training Facility P.O. Box 689 ZW-321L Soledad, CA 93960-0689 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 April 7, 2008, at San Francisco, California.

R. Panganiban Declarant
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/S/ R. Panganiban Signature