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)
1
2
3
4
5
6
7
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: (415) 348-3800
Facsimile: (415) 348-3873
Email: docketing@hcrc.ca.gov
mlaurence@hcrc.ca.gov
Attorneys for Petitioner ERNEST DEWAYNE JONES
8
9
UNITED STATES DISTRICT COURT
10
FOR CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
11
12
Ernest Dewayne Jones,
Case No. CV-09-2158-CJC
13
Petitioner,
DEATH PENALTY CASE
14
15
16
17
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
18
19
Pursuant to Rule 7-19 of the Local Rules for the United States District Court for
20
the Central District of California, petitioner Ernest Dewayne Jones hereby applies for
21
an order extending the current due date of May 6, 2010, for the filing of petitioner’s
22
Traverse to thirty days after respondent files a supplemental answer or, in the
23
alternative, thirty days from the date of this Court’s order denying petitioner’s Motion
24
for More Definite Statement, filed April 23, 2010.
25
Petitioner also requests the Court continue the due date of petitioner’s proposed
26
Phase III budget from May 10, 2010, to thirty days after respondent files a
27
supplemental answer or, in the alternative, thirty days from the date of this Court’s
28
order denying petitioner’s Motion for More Definite Statement.
1
EX PARTE APPLICATION FOR AN ORDER ENLARGING
THE TIME TO FILE TRAVERSE AND PHASE III BUDGET
CV-09-2158-CJC
1
As set forth in the attached Declaration of Michael Laurence, good cause exists
2
because the pending Motion for More Definite Statement should be resolved prior to
3
the filing of either the Traverse or the Phase III budget. Petitioner has advised counsel
4
for respondent of this request, and counsel does not oppose this application. The
5
contact information for counsel for respondent is as follows:
6
7
8
9
10
HERBERT S. TETEF
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90012
Telephone: (213) 897-0201
Facsimile: (213) 897-6496
Email: DocketingLAAWT@doj.ca.gov
11
12
13
Dated: April 28, 2010
Respectfully submitted,
HABEAS CORPUS RESOURCE CENTER
14
15
16
17
/s/ Michael Laurence
By: Michael Laurence
Attorneys for Ernest Dewayne Jones
18
19
20
21
22
23
24
25
26
27
28
2
EX PARTE APPLICATION FOR AN ORDER ENLARGING
THE TIME TO FILE TRAVERSE AND PHASE III BUDGET
CV-09-2158-CJC
1
DECLARATION OF MICHAEL LAURENCE IN SUPPORT OF EX PARTE
2
APPLICATION FOR AN ORDER ENLARGING THE TIME TO FILE
3
TRAVERSE AND PHASE III BUDGET
4
I, Michael Laurence, declare as follows:
5
1.
I am an attorney at law admitted to practice by the State of California and
6
before this Court. I am the Executive Director of the Habeas Corpus Resource Center.
7
I was appointed as lead counsel for petitioner Ernest DeWayne Jones in the above-
8
referenced matter by this Court in an order dated April 14, 2009.
9
2.
On March 10, 2010, petitioner filed a Petition for Writ of Habeas Corpus
10
by a Prisoner in State Custody (28 U.S.C. § 2254). Respondent filed an Answer to
11
Petition for Writ of Habeas Corpus on April 6, 2010.
12
3.
13
April 12, 2010.
14
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
15
(“Motion”) pursuant to Rule 12(e) of the Federal Rules of Civil Procedure, requesting
16
an order to compel respondent to supplement his Answer with a statement of the
17
material facts in dispute with respect to each claim raised in the Petition.
18
5.
In accordance with the Joint Briefing Schedule, petitioner’s Traverse is
19
due on May 6, 2010, thirty days from the date of filing of the Answer. However, the
20
hearing on petitioner’s Motion is not calendared until May 24, 2010, nineteen days
21
after petitioner’s Traverse is due. Petitioner’s request for a more definite statement is
22
based on respondent’s failure to respond to the factual allegations in the Petition and to
23
set out the areas of factual dispute. This Court’s ruling on the Motion will determine
24
how petitioner frames his Traverse.
25
6.
On April 27, 2010, Ms. Patricia Daniels, counsel for petitioner, spoke to
26
Herbert Tetef, counsel for respondent, and informed him of the substance of this
27
request for additional time, including the proposed due dates. Mr. Tetef authorized
28
petitioner’s counsel to represent to the Court that he has no objection to this request.
3
EX PARTE APPLICATION FOR AN ORDER ENLARGING
THE TIME TO FILE TRAVERSE AND PHASE III BUDGET
CV-09-2158-CJC
1
7.
On March 17, 2010, this Court issued an order directing petitioner to file
2
his proposed Phase III budget within 30 days of the filing of the Joint Briefing
3
Schedule. Petitioner’s proposed Phase III budget is currently due on May 10, 2010.
4
8.
As pled, the Answer disputes every allegation in support of each ground
5
for relief in the Petition. Without the benefit of a supplemental answer that narrows
6
the facts in dispute, petitioner must draft his request for funds on the assumption that
7
all facts are disputed. Thus, the outcome of petitioner’s Motion will determine the
8
breadth of investigation and funds required to prepare the motion for evidentiary
9
hearing, and, as a corollary, his proposed Phase III budget.
10
11
12
13
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.
14
15
16
/s/ Michael Laurence____________
Michael Laurence
17
18
19
20
21
22
23
24
25
26
27
28
4
EX PARTE APPLICATION FOR AN ORDER ENLARGING
THE TIME TO FILE TRAVERSE AND PHASE III BUDGET
CV-09-2158-CJC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?