Ernest DeWayne Jones v. Robert K. Wong

Filing 34

EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Traverse and Phase III Budget filed by Petitioner Ernest DeWayne Jones. (Attachments: # 1 Proposed Order Enlarging Time to File the Traverse and Phase III Budget)(Laurence, Michael)

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MICHAEL LAURENCE, State Bar No. 121854
PATRICIA DANIELS, State Bar No. 162868
CLIONA PLUNKETT, State Bar No. 256648
HABEAS CORPUS RESOURCE CENTER
303 Second Street, Suite 400 South
San Francisco, California 94107
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Petitioner ERNEST DEWAYNE JONES

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UNITED STATES DISTRICT COURT

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FOR CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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Ernest Dewayne Jones,

Case No. CV-09-2158-CJC

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Petitioner,

DEATH PENALTY CASE

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v.

EX PARTE APPLICATION FOR AN
ORDER ENLARGING THE TIME TO
FILE TRAVERSE AND PHASE III
BUDGET

Vincent Cullen, Acting Warden of
California State Prison at San Quentin,

No Hearing Requested

Respondent

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Pursuant to Rule 7-19 of the Local Rules for the United States District Court for

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the Central District of California, petitioner Ernest Dewayne Jones hereby applies for

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an order extending the current due date of May 6, 2010, for the filing of petitioner’s

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Traverse to thirty days after respondent files a supplemental answer or, in the

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alternative, thirty days from the date of this Court’s order denying petitioner’s Motion

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for More Definite Statement, filed April 23, 2010.

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Petitioner also requests the Court continue the due date of petitioner’s proposed

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Phase III budget from May 10, 2010, to thirty days after respondent files a

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supplemental answer or, in the alternative, thirty days from the date of this Court’s

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order denying petitioner’s Motion for More Definite Statement.
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EX PARTE APPLICATION FOR AN ORDER ENLARGING
THE TIME TO FILE TRAVERSE AND PHASE III BUDGET
CV-09-2158-CJC

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As set forth in the attached Declaration of Michael Laurence, good cause exists

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because the pending Motion for More Definite Statement should be resolved prior to

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the filing of either the Traverse or the Phase III budget. Petitioner has advised counsel

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for respondent of this request, and counsel does not oppose this application. The

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contact information for counsel for respondent is as follows:

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HERBERT S. TETEF
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Dated: April 28, 2010

Respectfully submitted,
HABEAS CORPUS RESOURCE CENTER

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/s/ Michael Laurence
By: Michael Laurence
Attorneys for Ernest Dewayne Jones

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EX PARTE APPLICATION FOR AN ORDER ENLARGING
THE TIME TO FILE TRAVERSE AND PHASE III BUDGET
CV-09-2158-CJC

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DECLARATION OF MICHAEL LAURENCE IN SUPPORT OF EX PARTE

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APPLICATION FOR AN ORDER ENLARGING THE TIME TO FILE

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TRAVERSE AND PHASE III BUDGET

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I, Michael Laurence, declare as follows:

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1.

I am an attorney at law admitted to practice by the State of California and

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before this Court. I am the Executive Director of the Habeas Corpus Resource Center.

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I was appointed as lead counsel for petitioner Ernest DeWayne Jones in the above-

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referenced matter by this Court in an order dated April 14, 2009.

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2.

On March 10, 2010, petitioner filed a Petition for Writ of Habeas Corpus

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by a Prisoner in State Custody (28 U.S.C. § 2254). Respondent filed an Answer to

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Petition for Writ of Habeas Corpus on April 6, 2010.

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3.

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April 12, 2010.

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4.

The parties submitted a joint briefing schedule that this Court adopted on

On April 23, 2010, petitioner filed a Motion for More Definite Statement

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(“Motion”) pursuant to Rule 12(e) of the Federal Rules of Civil Procedure, requesting

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an order to compel respondent to supplement his Answer with a statement of the

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material facts in dispute with respect to each claim raised in the Petition.

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5.

In accordance with the Joint Briefing Schedule, petitioner’s Traverse is

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due on May 6, 2010, thirty days from the date of filing of the Answer. However, the

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hearing on petitioner’s Motion is not calendared until May 24, 2010, nineteen days

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after petitioner’s Traverse is due. Petitioner’s request for a more definite statement is

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based on respondent’s failure to respond to the factual allegations in the Petition and to

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set out the areas of factual dispute. This Court’s ruling on the Motion will determine

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how petitioner frames his Traverse.

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6.

On April 27, 2010, Ms. Patricia Daniels, counsel for petitioner, spoke to

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Herbert Tetef, counsel for respondent, and informed him of the substance of this

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request for additional time, including the proposed due dates. Mr. Tetef authorized

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petitioner’s counsel to represent to the Court that he has no objection to this request.
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EX PARTE APPLICATION FOR AN ORDER ENLARGING
THE TIME TO FILE TRAVERSE AND PHASE III BUDGET
CV-09-2158-CJC

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7.

On March 17, 2010, this Court issued an order directing petitioner to file

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his proposed Phase III budget within 30 days of the filing of the Joint Briefing

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Schedule. Petitioner’s proposed Phase III budget is currently due on May 10, 2010.

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8.

As pled, the Answer disputes every allegation in support of each ground

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for relief in the Petition. Without the benefit of a supplemental answer that narrows

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the facts in dispute, petitioner must draft his request for funds on the assumption that

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all facts are disputed. Thus, the outcome of petitioner’s Motion will determine the

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breadth of investigation and funds required to prepare the motion for evidentiary

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hearing, and, as a corollary, his proposed Phase III budget.

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9.

There have been no prior requests for continuances with respect to the

filing of petitioner’s Traverse or proposed Phase III budget.
The foregoing is true and correct and executed under penalty of perjury under
the laws of the United States on April 28, 2010.

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/s/ Michael Laurence____________
Michael Laurence

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EX PARTE APPLICATION FOR AN ORDER ENLARGING
THE TIME TO FILE TRAVERSE AND PHASE III BUDGET
CV-09-2158-CJC