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

Case 4:08-cv-03231-CW

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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 MICHELE J. SWANSON, State Bar No. 191193 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-5703 7 Fax: (415) 703-1234 Email: [email protected] 8 9 Attorneys for Respondent 10 11 12 13 14 MARIO MERINO, 15 Petitioner, 16 v. 17 18 19 20 21 Pursuant to Civil L.R. 6-3 and Habeas L.R. 2254-6, respondent hereby requests a 60MICHAEL MARTEL, Warden, Mule Creek State Prison, Respondent. MOTION TO ENLARGE TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS C 08-3231 CW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

22 day extension of time, until October 14, 2008, in which to file a response to the petition for writ 23 of habeas corpus. Good cause for the extension is set forth in the accompanying declaration of 24 counsel. We have not attempted to contact petitioner about this extension of time because he is 25 an incarcerated state prisoner who is representing himself. See 8/5/08 Order Granting 26 Substitution of Attorney. 27 WHEREFORE, respondent respectfully requests that this Court grant an extension of

28 time to and including October 14, 2008, in which to file an answer or other responsive pleading.
Motion to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus Merino v. Martel, Warden C 08-3231 CW

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Dated: August 14, 2008 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/ Michele J. Swanson MICHELE J. SWANSON Deputy Attorney General Attorneys for Respondent

Motion to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus

Merino v. Martel, Warden C 08-3231 CW

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Merino v. Martel, Warden

C 08-3231 CW

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 August 14, 2008, I served the attached MOTION TO ENLARGE TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS DECLARATION OF COUNSEL IN SUPPORT OF MOTION TO ENLARGE TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS [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: Mario Merino V-54572 Mule Creek State Prison B-8-242U P.O. Box 409040 Ione, CA 94560 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 August 14, 2008, at San Francisco, California.

M. Argarin Declarant
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/s/ M. Argarin Signature

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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 MICHELE J. SWANSON, State Bar No. 191193 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-5703 7 Fax: (415) 703-1234 Email: [email protected] 8 9 Attorneys for Respondent 10 11 12 13 14 MARIO MERINO, 15 Petitioner, 16 v. 17 18 19 20 21 22 I, MICHELE J. SWANSON, declare under penalty of perjury as follows: I am a Deputy Attorney General for the State of California and am assigned to MICHAEL MARTEL, Warden, Mule Creek State Prison, Respondent. DECLARATION OF COUNSEL IN SUPPORT OF MOTION TO ENLARGE TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS C 08-3231 CW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

23 represent respondent in this case. Respondent's answer or other responsive pleading is due 24 August 14, 2008, pursuant to this Court's July 15, 2008 Order to Show Cause. I am unable to 25 meet this deadline, and request an enlargement of time to file a response to the petition for writ 26 of habeas corpus for the following reasons. 27 I was not the attorney who briefed this case on direct review in state court. Since

28 having this case assigned to me, I have been working on cases with chronological precedence,
Decl. of Counsel in Support of Mot. to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus Merino v. Martel, Warden C 08-3231 CW

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1 and in the past 30 days, I have filed answers in Wash v. Runnels, C 04-04207 JW and Haney v. 2 Adams, C 07-4682 CRB (PR), a motion to dismiss in Givens v. Martel, C 07-1448 MHP (PR), 3 and reply briefs in Parnell v. Evans, C 05-4324 SBA (PR), Weisner v. Evans, C 07-5509 SI (PR), 4 and Grecu v. Evans, C 07-0780 JF (PR). For these reasons, I am unable to file the response in 5 this case by the current deadline. 6 I have not attempted to contact petitioner about this extension of time because he is an

7 incarcerated state prisoner who is representing himself. See 8/5/08 Order Granting Substitution 8 of Attorney. 9 Accordingly, I request that the Court grant respondent an extension of 60 days, to and

10 including October 14, 2008, in which to file a response to the petition. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Decl. of Counsel in Support of Mot. to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus Merino v. Martel, Warden C 08-3231 CW
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I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, on August 14, 2008.

/s/ Michele J. Swanson MICHELE J. SWANSON Deputy Attorney General

SF2008200265

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1 2 3 4 5 6 7 8 9 10 11 MARIO MERINO, 12 Petitioner, 13 v. 14 15 16 17 18 GOOD CAUSE APPEARING, it is hereby ordered that respondent shall file with the MICHAEL MARTEL, Warden, Mule Creek State Prison, Respondent. [PROPOSED] ORDER C 08-3231 CW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

19 Court and serve on petitioner, on or before October 14, 2008, an answer or other response to the 20 petition for writ of habeas corpus. 21 22 23 Dated: __________________________ 24 25 26 27 28
[Proposed] Order Merino v. Martel, Warden Case No. C 08-3231 CW

IT IS SO ORDERED.

__________________________________ The Honorable Claudia Wilken