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

Case 3:07-cv-05964-SI

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Filed 05/02/2008

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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 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 Attorneys for Respondent 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 20 Pursuant to Civil L.R. 6-3 and Habeas L.R. 2254-6, respondent hereby requests a 60v. ANTHONY HEDGPETH, Warden, Respondent. TREMAYNE J. COLLIER, Petitioner, C 07-5964 SI (PR) MOTION TO ENLARGE TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS

21 day extension of time, until July 1, 2008, in which to file a response to the petition for writ of 22 habeas corpus. Good cause for the extension is set forth in the accompanying declaration of 23 counsel. We have not attempted to contact petitioner about this extension of time because he is 24 an incarcerated state prisoner who is representing himself. 25 WHEREFORE, respondent respectfully requests that this Court grant an extension of

26 time to and including July 1, 2008, in which to file an answer or other responsive pleading. 27 /// 28 ///
Motion to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus Collier v. Hedgpeth, Warden C 07-5964 SI (PR)

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Dated: May 2, 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

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SF2008400505

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

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

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Case 3:07-cv-05964-SI

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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 Attorneys for Respondent 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 20 21 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 v. ANTHONY HEDGPETH, Warden, Respondent. TREMAYNE J. COLLIER, Petitioner, C 07-5964 SI (PR) DECLARATION OF COUNSEL IN SUPPORT OF MOTION TO ENLARGE TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS

22 represent respondent in this case. Respondent's answer or other responsive pleading is due May 23 2, 2008, pursuant to this Court's April 3, 2008 Order Setting Briefing Schedule. I am unable to 24 meet this deadline, and request an enlargement of time to file a response to the petition for writ 25 of habeas corpus for the following reasons. 26 I was not the attorney who handled this case on direct appeal. In the past 30 days, I

27 have completed an answer to a petition for writ of habeas corpus in Bedford v. Ayers ( 06-0748 28 CW (PR)), a motion to dismiss a petition for writ of habeas corpus in Weisner v. Evans ( 07Decl. of Counsel in Support of Mot. to Enlarge Time to File Response to Pet. for Writ of Hab. Corpus Collier v. Hedgpeth, Warden C 07-5964 SI (PR)

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1 5509 SI (pr)), and a Ninth Circuit appellee's brief in Ali v. Hickman (07-16731). Due to my 2 work on these other cases, I am unable to file the response in this case by the current deadline. 3 Although completing the response in this case is my current priority, due to the numerous issues 4 raised by petitioner and the large size of the trial record, I am asking for a full 60 days to 5 complete the response out of an abundance of caution. For these reasons, I need additional time 6 to complete the response in this case. 7 I have not attempted to contact petitioner about this extension of time because he is an

8 incarcerated state prisoner who is representing himself. 9 Accordingly, I request that the Court grant respondent an extension of 60 days, to and

10 including July 1, 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 Collier v. Hedgpeth, Warden C 07-5964 SI (PR)
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I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, on May 2, 2008.

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

SF2008400505

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 10 11 12 13 14 15 16 GOOD CAUSE APPEARING, it is hereby ordered that respondent shall file with this v. ANTHONY HEDGPETH, Warden, Respondent. TREMAYNE J. COLLIER, Petitioner, C 07-5964 SI (PR) [PROPOSED] ORDER

17 Court and serve upon petitioner, on or before July 1, 2008, an answer or other responsive 18 pleading to the petition for writ of habeas corpus. If respondent files an answer and petitioner 19 wishes to respond, he shall do so by filing a traverse with the Court and serving it on respondent 20 within 30 days of his receipt of the answer. If respondent files a motion to dismiss and petitioner 21 wishes to respond, he shall do so by filing an opposition or statement of non-opposition with the 22 Court and serving it on respondent within 30 days of his receipt of the motion. If respondent 23 wishes to reply to the opposition, he shall do so by filing a reply with the Court and serving it on 24 petitioner within 15 days of his receipt of the opposition. 25 26 27 Dated: __________________________ 28
[Proposed] Order Collier v. Hedgpeth, Warden Case No. C 07-5964 SI (PR)

IT IS SO ORDERED.

__________________________________ The Honorable Susan Illston

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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 May 2, 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 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 May 2, 2008, at San Francisco, California.

D. Desuyo Declarant
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/s/

D. Desuyo Signature