Armenia Cudjo, Jr. v. Robert Ayers, Jr.

Filing 35

Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to extend time to file Reply brief until 08/18/2010. Date of service: 07/09/2010. [7399969] (KFB)

IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

ARMENIA LEVI CUDJO, JR.,
v.

Petitioner-Appellant,

VINCENT CULLEN, Warden,
Respondent-Appellee.

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) CA No. 08-99028
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) D.C. No. CV-99-08089-JFW
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APPELLANT’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE REPLY BRIEF
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA
HONORABLE JOHN F. WALTER
United States District Judge
SEAN K. KENNEDY
Federal Public Defender
MARK R. DROZDOWSKI
KATHERINE FROYEN BLACK
Deputy Federal Public Defenders
321 East 2nd Street
Los Angeles, California
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner-Appellant
ARMENIA LEVI CUDJO, JR.

IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARMENIA LEVI CUDJO, JR.,
v.

)

Petitioner-Appellant,

VINCENT CULLEN, Warden,
Respondent and Appellee.1

) CA No. 08-99028
)
) D.C. No. CV-99-08089-JFW
)
)
)
)
)
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UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT’S REPLY BRIEF
Petitioner-Appellant Armenia Levi Cudjo, Jr. hereby requests an extension
of thirty days, to and including August 18, 2010, to file and serve his reply brief.
This request is made under Rule 31 of the Federal Rules of Appellate Procedure
and Circuit Rule 31-2.2(b), and is based on the attached Declaration of Katherine
Froyen Black.
Dated: July 9, 2010

Respectfully submitted,
SEAN K. KENNEDY
Federal Public Defender
By /s/ Katherine Froyen Black
KATHERINE FROYEN BLACK
Deputy Federal Public Defender
Attorneys for Petitioner-Appellant
ARMENIA LEVI CUDJO, JR.

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In conformance with Rule 43(c)(2) of the Federal Rules of Appellate
Procedure, Petitioner-Appellant hereby substitutes Vincent Cullen, Warden, San
Quentin State Prison, for R.K. Wong, who is now the former Warden.

DECLARATION OF KATHERINE FROYEN BLACK
I, Katherine Froyen Black, declare:
1.

I am an attorney licensed to practice law in the State of California,

and I am admitted to practice in this Court. I am a Deputy Federal Public
Defender in the Central District of California (“FPD”), and I am one of the
attorneys assigned to represent Armenia Levi Cudjo, Jr., in this appeal. I make
this declaration in support of Mr. Cudjo’s request for a 30-day extension of time,
to and including August 18, 2010, to file and serve his reply brief.
2.

Mr. Cudjo filed his opening brief on November 20, 2009.

Appellee filed his Answering Brief on June 24, 2010. The reply brief is currently
due for filing on July 19, 2010. I request an extension of time for a period of 30
days, to and including August 18, 2010, to file the reply brief. I request this
extension because I and my co-counsel, Mark R. Drozdowski and John Littrell, are
unable to complete and file the brief by the current deadline. This is Mr. Cudjo’s
first request for an extension of time in which to prepare and file his reply.
3.

In addition to my role as counsel of record for Petitioner-Appellant

Cudjo, I am appointed counsel of record for six other capital habeas petitioners in
the Central District. My responsibilities in these cases have been ongoing: C.D.
Cal. case nos. CV-03-07848-GW; CV-96-02584-ABC; CV-05-04971-DMG;
CV-07-00519-FMC; CV 94-06417-AHS and CV 09-46240-CAS. However, I am
leaving my employment with the FPD effective July 16, 2010. In the past two
weeks, since Appellee filed his Answering Brief, some of my time has been
consumed with activities in preparation for my departure after almost six years of
working in the FPD’s Capital Habeas Unit (“CHU”). Consequently, although I
have begun preparing a reply to Appellee’s Answering Brief, I will not be able to
complete the brief prior to my departure on the 16th. I believe I will be able to

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make substantial progress on the reply prior to my departure, I do not believe I
will be able to complete and file the reply prior to the 16th. Also, because my cocounsel, Mark Drozdowski and John Littrell, will be responsible for the litigation
in this case following the filing of the reply and after I leave the office, it is
important that they have adequate time to review and give input into the reply.
Due to their case and other responsibilities, detailed below, their schedules will
not allow adequate time to complete and file the brief by July 19, 2010.
Consequently, I am requesting a 30-day extension of time in which to complete
and file the reply.
4.

My co-counsel, Mark Drozdowski, is the supervising attorney of the

CHU, and he is responsible for overseeing the CHU’s 20 attorneys and its
caseload of about 70 federal capital habeas cases (including two 28 U.S.C. § 2255
actions), roughly 28 federal noncapital habeas cases and direct appeals, and
federal trial work. Due to his case and supervisory obligations, Mr. Drozdowski
has been unable to devote substantial time since June 24, 2010 to reviewing the
Answering Brief and preparing a reply.
5.

My other co-counsel, John Littrell, is a Deputy Federal Public

Defender in the FPD’s trial unit. As such, he is counsel of record in many federal
criminal trial cases in addition to two capital habeas cases, including Mr. Cudjo’s.
Mr. Littrell is currently en route to a three-week training seminar in Wyoming, and
he will not be able to devote time to the preparation of the reply brief until his
return to the office on August 2, 2010.
6.

For the reasons stated above, and despite diligent efforts, counsel for

Cudjo have not been able to complete, and will not be able to complete, the reply
brief by the current July 19, 2010, due date. I respectfully request a thirty-day

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extension of time, to and including August 18, 2010, to file and serve the reply
brief.
7.

On July 9, 2010, I spoke with Bill Bilderback, counsel for

Appellee, informing him that I intended to file this extension request and the
reasons therefore. He replied that Appellee does not oppose the request.
I declare under penalty of perjury under the laws of the United States that
the foregoing is true and correct. Executed on July 9, 2010 at Los Angeles,
California.
/s/ Katherine Froyen Black ___
KATHERINE FROYEN BLACK

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CERTIFICATE OF SERVICE
I hereby certify that on July 9, 2010, I electronically filed the foregoing with
the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit
by using the appellate CM/ECF system.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the appellate CM/ECF system.

By

/s/ Katherine Froyen Black
KATHERINE FROYEN BLACK
Deputy Federal Public Defender