Free Ex Parte Application - District Court of California - California

Case 3:07-cv-03043-WHA

Document 6-2

Filed 10/15/2007

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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. BEN CURRY, Warden, Respondent. MICHAEL J. WOODCOCK, Petitioner, C 07-3043 WHA (PR) DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR EXTENSION OF TIME TO FILE RESPONSE

22 represent respondent in this case. Respondent's answer or other responsive pleading is due 23 October 15, 2007, pursuant to this Court's August 30, 2007 order granting respondent's first 24 application for an extension of time. I am unable to meet this deadline, and request an extension 25 of time to file a response to the petition for the following reasons. 26 I was not the attorney who handled this case on direct appeal. Since having this case

27 assigned to me, I have been working on cases with chronological precedence, and in the past 30 28 days I have filed an answer in Delgado v. Horel (C 06-5436 WHA (PR)) and a motion to dismiss
Decl. of Counsel in Support of Applic. for Ext. of Time to File Response Woodcock v. Curry, Warden C 07-3043 WHA (PR)

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Case 3:07-cv-03043-WHA

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Filed 10/15/2007

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1 in Johnson v. Malfi (C 06-6376 MJJ (PR)). I have also completed a motion to dismiss in Castillo 2 v. Brown (C 05-1177 WHA (PR)), and am now waiting for further documentation from the state 3 trial court to attach as exhibits before filing the motion. I am currently working on the 4 responsive pleadings in Carpenter v. Kenan (C 06-7408 JSW (PR)) and Runge v. Evans (C 065 2509 PJH (PR)). For these reasons, I need additional time to complete the response in this case. 6 Petitioner is in custody and representing himself. Therefore, I have not attempted to

7 contact him to inform him about this application for an extension of time. 8 Accordingly, I respectfully request that the Court grant respondent an extension of 60

9 days, to and including December 14, 2007, in which to file a response to the petition. 10 11 12 13 14
20109497.wpd

I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, on October 15, 2007.

/s/ Michele J. Swanson MICHELE J. SWANSON Deputy Attorney General
SF2007401656

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Decl. of Counsel in Support of Applic. for Ext. of Time to File Response

Woodcock v. Curry, Warden C 07-3043 WHA (PR)

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