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

Case 3:07-cv-03627-MMC

Document 3-2

Filed 01/22/2008

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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 9 Attorneys for Respondent 10 11 12 13 14 MALIK ALI MUHAMMAD, 15 Petitioner, 16 v. 17 DERRAL ADAMS, Warden, 18 Respondent. 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 DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR EXTENSION OF TIME TO FILE RESPONSE C 07-3627 MMC (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

23 represent respondent in this case. Respondent's answer or other responsive pleading is due 24 January 22, 2008, pursuant to this Court's October 23, 2007 order to show cause. I am unable to 25 meet this deadline, and request an extension of time to file a response to the petition for the 26 following reasons. 27 I was not the attorney who handled this case on direct appeal. Since having this case

28 assigned to me, I have been working on cases with chronological precedence, and in the past 30
Decl. of Counsel in Support of App. for Ext. of Time to File Response Muhammad v. Adams, Warden C 07-3627 MMC (PR)

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Case 3:07-cv-03627-MMC

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Filed 01/22/2008

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1 days I have filed motions to dismiss in Givens v. Warden (C 07-1448 MJJ (PR)), McCarthy v. 2 Clay (C 07-3933 PJH (PR)), Kahute v. Contra Costa Superior Court (C 07-0142 RMW (PR)), 3 Lopez v. Lamarque (C 04-01877 JW (PR)), and Pacheco v. Horel ( 06-06540 JW (PR)), and a 4 reply in Givens v. Warden (C 07-1448 MJJ (PR)). I have also recently completed an answer in 5 Walker v. Scribner (C 07-4199 MJJ (PR)). The orders to show cause in all of the above cases 6 were issued before the order to show cause in this case. For these reasons, I need additional time 7 to complete the response in this case. 8 I have not attempted to contact petitioner about this extension of time because he is an

9 incarcerated state prisoner who is representing himself. 10 Accordingly, I request that the Court grant respondent an extension of 60 days, to and

11 including March 24, 2008, in which to file a response to the petition. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Decl. of Counsel in Support of App. for Ext. of Time to File Response Muhammad v. Adams, Warden C 07-3627 MMC (PR)

I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, on January 22, 2008.

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

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