Ernest DeWayne Jones v. Robert K. Wong

Filing 54

Second EXPARTE APPLICATION for Extension of Time to File Motion For Evidentiary Hearing filed by Petitioner Ernest DeWayne Jones. (Attachments: # 1 Proposed Order Proposed Order)(Daniels, Patricia)

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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.

PETITIONER’S UNOPPOSED EX
PARTE APPLICATION FOR A 30DAY EXTENSION OF TIME TO
FILE HIS MOTION FOR
EVIDENTIARY HEARING;
DECLARATION OF MICHAEL
LAURENCE

Vincent Cullen, Acting Warden of
California State Prison at San Quentin,
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 granting a final 30-day extension of time, to an including February 3, 2011, to

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file his Motion for Evidentiary Hearing.

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currently due to be filed January 4, 2011.

The Motion for Evidentiary hearing is

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The basis for this request is set forth in the attached Declaration of Michael

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Laurence. Petitioner has advised counsel for respondent of this request, and counsel

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does not oppose this application. The contact information for counsel for respondent is

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as follows:

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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 30-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC

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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: December 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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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 30-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC

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DECLARATION OF MICHAEL LAURENCE IN SUPPORT OF

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PETITIONER’S EX PARTE APPLICATION FOR A 30-DAY EXTENSION OF

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TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING

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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 July 7, 2010, the parties submitted a joint stipulation regarding

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discovery and a proposed briefing schedule in which the parties agreed to adhere to the

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briefing schedule outlined in the April 8, 2010 joint stipulation. This Court adopted

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the stipulation of the parties by order dated July 12, 2010.

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5.

In accordance with the joint briefing schedule, petitioner’s Motion for

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Evidentiary Hearing (Motion) was due on November 5, 2010. Petitioner previously

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requested, and this Court granted, a single 60-day extension of time to file the Motion

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for Evidentiary Hearing. The Motion is currently due on January 4, 2011.

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6.

Since the granting of the extension, counsel for petitioner have diligently

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researched, investigated, and drafted the Motion. I estimate that seventy percent of the

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Motion has been drafted. In addition to drafting the remaining sections, the entire

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Motion must be edited to reduce the length of the Motion—by removing less critical

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and duplicative information—and ensure precision in the presentation.

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Despite our diligent efforts, however, I will be unable to file the Motion

by January 4, 2011, primarily because of conflicting obligation in other capital cases.
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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 30-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC

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In addition to preparing the Motion for Evidentiary Hearing in this case, in November,

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I completed the evidentiary hearing in Ashmus v. Wong, No. 93-CV-00594-TEH,

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before the District Court for the Northern District of California. On December 7, 2010,

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as the supervising attorney in In re Kelly, California Supreme Court Case No.

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S161036, I filed a 311-page Amended Petition for Writ of Habeas Corpus. In addition,

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I am responsible for supervising the filing of the extensive Reply to the Informal

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Response to the Amended Petition for Writ of Habeas in In re Abilez, Case No.

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S155651, in the California Supreme Court on January 5, 2011.

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8.

I also have ongoing administrative and managerial responsibilities as

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Executive Director of HCRC that have adversely affected our ability to file the Motion

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on January 4, 2011. In particular, the recent discovery of additional budget shortfalls

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has added unexpected administrative tasks that have required my immediate attention.

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9.

On December 28, 2010, Ms. Cliona Plunkett, counsel for petitioner, spoke

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to 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 date. 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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10.

There has been one prior request for a continuance with respect to the

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filing of petitioner’s Motion for Evidentiary Hearing. I anticipate that petitioner will

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not request any further extensions and that the Motion will be filed on or before

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February 3, 2011.

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The foregoing is true and correct and executed under penalty of perjury under
the laws of the United States on December 28, 2010.

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/s/ Michael Laurence____________
Michael Laurence

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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 30-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC