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

Case 3:08-cv-00566-WQH-JMA

Document 14

Filed 09/04/2008

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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 GARY W. SCHONS Senior Assistant Attorney General 4 KEVIN VIENNA Supervising Deputy Attorney General 5 ERIKA HIRAMATSU, State Bar No. 190883 Deputy Attorney General 110 West A Street, Suite 1100 6 San Diego, CA 92101 P.O. Box 85266 7 San Diego, CA 92186-5266 Telephone: (619) 645-2224 8 Fax: (619) 645-2191 Email: [email protected] 9 10 Attorneys for Respondent 11 12 13 14 15 16 17 18 19 20 21 22 I, Erika Hiramatsu, declare the following under penalty of perjury under the laws of the v. SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND REHABILATION, et al., Respondent. EDWARD SAENZ, JR., Petitioner, 08-0566 WQH (JMA) REQUEST FOR FIRST ENLARGEMENT OF TIME TO FILE RESPONDENT'S MOTION TO DISMISS HABEAS PETITION (28 U.S.C. § 2254) Judge: The Honorable Jan M. Adler IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

23 United States: 24 I am the deputy attorney general assigned to prepare Respondent's Motion to Dismiss

25 Petitioner's habeas petition pursuant to this Court's July 17, 2008, Order in the above-entitled 26 matter. 27 This is Respondent's first request for enlargement of time to file Respondent's Motion to

28 Dismiss, which is due today, September 4, 2008.
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While mindful of this Court's order that a request for an extension of time should be made

2 in advance of the due date of the pleading, I respectfully request time to file the Motion be enlarged 3 seven (7) days to and including September 10, 2008, for the following reasons: 4 I completed a draft of the Motion to Dismiss on August 29, 2008, and submitted it for

5 supervisory review. Since completing the draft, I have been working on a Ninth Circuit case in 6 which a response is due on Monday, September 8, 2008, after one thirty-day enlargement of time. 7 Due to an oversight, supervisory review of the draft was not completed until this afternoon. Because 8 of the time it will take to clerically process the Motion to Dismiss, it will not be possible to file it 9 today. 10 An enlargement of time to file the Motion to Dismiss is required to allow sufficient time

11 for its clerical processing and duplication, as I share my secretary with another attorney and one 12 supervising attorney. 13 For these reasons, I respectfully request the time for filing Respondent's Motion to

14 Dismiss be enlarged to and including September 10, 2008. 15 16 17 18 19 20 21 22 23 24 25
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Dated: September 4, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GARY W. SCHONS Senior Assistant Attorney General KEVIN VIENNA Supervising Deputy Attorney General

s/Erika Hiramatsu ERIKA HIRAMATSU Deputy Attorney General Attorneys for Respondent
SD2008700706

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Case 3:08-cv-00566-WQH-JMA

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Filed 09/04/2008

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