Free Motion for Leave to File Excess Pages - District Court of California - California

Case 3:07-cv-05964-SI

Document 14

Filed 06/25/2008

Page 1 of 2

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 TREMAYNE J. COLLIER, 15 Petitioner, 16 v. 17 ANTHONY HEDGPETH, Warden, 18 Respondent. 19 20 21 Pursuant to Civil L.R. 7-10(b), respondent hereby requests leave to file a brief in APPLICATION FOR LEAVE TO FILE BRIEF IN EXCESS OF 25 PAGES C 07-5964 SI (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

22 excess of 25 pages, or 42 pages in all. Good cause for filing the oversized brief is set forth in the 23 accompanying declaration of counsel. 24 /// 25 /// 26 /// 27 /// 28 ///
Applic. for Leave to File Brief in Excess of 25 Pgs. Collier v. Hedgpeth, Warden C 07-5964 SI (PR)

1

Case 3:07-cv-05964-SI

Document 14

Filed 06/25/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12
20118266.wpd

Dated: June 25, 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

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SF2008400505

Applic. for Leave to File Brief in Excess of 25 Pgs.

Collier v. Hedgpeth, Warden C 07-5964 SI (PR)

2

Case 3:07-cv-05964-SI

Document 14-2

Filed 06/25/2008

Page 1 of 2

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 TREMAYNE J. COLLIER, 15 Petitioner, 16 v. 17 ANTHONY HEDGPETH, Warden, 18 Respondent. 19 20 21 22 I, MICHELE J. SWANSON, declare under penalty of perjury: I am a Deputy Attorney General for the State of California. I prepared the DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR LEAVE TO FILE BRIEF IN EXCESS OF 25 PAGES C 07-5964 SI (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

23 Memorandum of Points and Authorities in Support of the Answer to the Petition for Writ of 24 Habeas Corpus. 25 Petitioner filed a 71-page Petition for Writ of Habeas Corpus. The Court found all

26 twelve of the claims raised in the petition cognizable. 27 I responded to each of petitioner's claims as succinctly as possible in our brief.

28 Several claims required a detailed discussion of the state court proceedings in order to analyze
Decl. of Counsel in Support of Applic. for Leave to File Brief in Excess of 25 Pgs. Collier v. Hedgpeth, Warden C 07-5964 SI (PR)

1

Case 3:07-cv-05964-SI

Document 14-2

Filed 06/25/2008

Page 2 of 2

1 the legal issues in factual context. Also, because petitioner did not specifically address the 2 impact of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in his petition, it 3 was necessary to set forth the applicable standard of review both generally and as it applied to 4 the specific claims. 5 The state has an obligation to present this Court with all relevant arguments in order to

6 ensure that the final decision does justice to all parties. In order to meet that obligation, I 7 respectfully request leave to file a brief in excess of 25 pages, or 42 pages in all. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Decl. of Counsel in Support of Applic. for Leave to File Brief in Excess of 25 Pgs. Collier v. Hedgpeth, Warden C 07-5964 SI (PR)
20118269.wpd SF2008400505

I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, on June 25, 2008.

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

2

Case 3:07-cv-05964-SI

Document 14-3

Filed 06/25/2008

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 11 TREMAYNE J. COLLIER, 12 Petitioner, 13 v. 14 ANTHONY HEDGPETH, Warden, 15 Respondent. 16 17 18 GOOD CAUSE APPEARING, respondent's request for leave to file a brief in excess [PROPOSED] ORDER C 07-5964 SI (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

19 of 25 pages is granted. Respondent's Memorandum of Points and Authorities in Support of the 20 Answer to the Petition for Writ of Habeas Corpus, 42 pages in all, shall be filed by the Clerk of 21 this Court. 22 23 Dated: __________________________ 24 25 26 27 28
[Proposed] Order Collier v. Hedgpeth, Warden Case No. C 07-5964 SI (PR)

__________________________________ The Honorable Susan Illston

Case 3:07-cv-05964-SI

Document 14-4

Filed 06/25/2008

Page 1 of 1

DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Collier v. Hedgpeth, Warden

C 07-5964 SI (pr)

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; my business address is 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004. On June 25, 2008, I served the attached APPLICATION FOR LEAVE TO FILE BRIEF IN EXCESS OF 25 PAGES; DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR LEAVE TO FILE BRIEF IN EXCESS OF 25 PAGES; PROPOSED ORDER by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at San Francisco, California, addressed as follows: Tremayne Collier V-60930 Kern Valley State Prison P.O. Box 5102 B3-130 Delano, CA 93216

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 June 25, 2008, at San Francisco, California.

D. Desuyo Declarant
20118573.wpd

/s/

D. Desuyo Signature