Free Ex Parte Application - District Court of California - California

Case 3:07-cv-03043-WHA

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Filed 08/14/2007

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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 August 14, 2007, pursuant to this Court's June 15, 2007 Order to Show Cause. I am unable to 24 meet this deadline, and request an extension of time to file a response to the petition for the 25 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 Brown v. Kernan (C 06-4194 MJJ (PR)), a petition for rehearing
Decl. of Counsel in Support of App. 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 08/14/2007

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1 in People v. Mejia (A113018), and have just completed an answer in Nguyen v. Evans (C 062 4630 JSW (PR)). I am currently working on an answer in Solorio v. Evans ( C 06-4641 MHP), 3 and am expecting an opposition brief to come in shortly on a case before the California Supreme 4 Court, People v. Mentch (S148204), in which I will have 20 days to file a reply brief. For these 5 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 October 15, 2007, in which to file a response to the petition. 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 App. for Ext. of Time to File Response Woodcock v. Curry, Warden C 07-3043 WHA (PR)
20100251.wpd SF2007401656

I declare under penalty of perjury that the foregoing is true and correct. Dated: August 14, 2007 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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