Ernest DeWayne Jones v. Robert K. Wong

Filing 69

APPLICATION for Extension of Time to File Opposition to Petitioner's Supplemental Brief filed by Respondent Robert K. Wong. (Attachments: # 1 Proposed Order)(Tetef, Herbert)

1
2
3
4
5
6
7
8
9

KAMALA D. HARRIS
Attorney General of California
DANE R. GILLETTE
Chief Assistant Attorney General
PAMELA C. HAMANAKA
Senior Assistant Attorney General
KEITH H. BORJON
Supervising Deputy Attorney General
HERBERT S. TETEF
Deputy Attorney General
State Bar No. 185303
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Respondent

10

IN THE UNITED STATES DISTRICT COURT

11

FOR THE CENTRAL DISTRICT OF CALIFORNIA

12
13
14
15

ERNEST DEWAYNE JONES,

Petitioner, DEATH PENALTY CASE

16
17
18
19
20
21
22
23

CV 09-2158-CJC

v.

UNOPPOSED APPLICATION FOR
ENLARGEMENT OF TIME TO
FILE OPPOSITION TO
MICHAEL MARTEL, Acting
Warden of California State Prison at PETITIONER’S SUPPLEMENTAL
San Quentin,
BRIEF ON THE EFFECT OF
Respondent. CULLEN v. PINHOLSTER ON THE
COURT’S POWER TO GRANT AN
EVIDENTIARY HEARING;
DECLARATION OF HERBERT S.
TETEF

24

Honorable Cormac J. Carney
United States District Judge

25
26
27
28

Respondent respectfully moves for an enlargement of time to and including
September 14, 2011, in which to file an Opposition to Petitioner’s Supplemental
1

1

Brief on the Effect of Cullen v. Pinholster on the Court’s Power to Grant an

2

Evidentiary Hearing. This Application is unopposed and is based on good cause as

3

set forth in the attached Declaration of Herbert S. Tetef.

4
5
6

Dated: August 11, 2011

Respectfully submitted,

7

KAMALA D. HARRIS
Attorney General of California
DANE R. GILLETTE
Chief Assistant Attorney General
PAMELA C. HAMANAKA
Senior Assistant Attorney General
KEITH H. BORJON
Supervising Deputy Attorney General

8
9
10
11
12

/s/ Herbert S. Tetef
HERBERT S. TETEF
Deputy Attorney General
Attorneys for Respondent

13
14
15
16
17
18

LA2009505879
50954321.doc

19
20
21
22
23
24
25
26
27
28
2

1

DECLARATION OF HERBERT S. TETEF REGARDING APPLICATION

2

FOR ENLARGEMENT OF TIME

3
4
5

I, HERBERT S. TETEF, hereby declare under penalty of perjury under the
laws of the United States of America that the following is true and correct:
1.

I am a Deputy Attorney General of the State of California and am

6

preparing the pleadings on behalf of the Respondent in the instant case of Ernest

7

Dewayne Jones v. Michael Martel, Acting Warden of California State Prison at San

8

Quentin, CV 09-2158-CJC.

9

2.

Petitioner’s Supplemental Brief on the Effect of Cullen v. Pinholster

10

on the Court’s Power to Grant an Evidentiary Hearing was filed on July 18, 2011.

11

Respondent’s Opposition to Petitioner’s Supplemental Brief is due by August 15,

12

2011.1

13

3.

I have been unable to prepare the Opposition to Petitioner’s

14

Supplemental Brief for the following reasons. When I received Petitioner’s

15

Supplemental Brief, I was preparing for a competency hearing in a habeas corpus

16

case in federal court in Davis v. Malfi, CV 06-4744-AHM (MLG), which took place

17

on July 21, 2011. Since the competency hearing, I have been working on other

18

pressing matters and/or matters in which I have already requested extensions of

19

time. Specifically, I completed supplemental Pinholster briefing in another capital

20

case in federal court, Scott v. Martel (CV 03-00978-ODW). I also completed a

21

return to a federal habeas corpus petition in Tran v. Virga (CV 10-10033 DSF

22

(FFM)), a respondent’s brief in the California Court of Appeal in People v. Sanders

23
24
25
26
27
28

1

This Court’s Order of June 13, 2011, granting Petitioner’s Application for
an Enlargement of Time to File his Supplemental Brief did not contain a due date
for Respondent’s Opposition. However, this Court’s Order of April 6, 2011,
requiring supplemental Pinholster briefing, had a due date for Respondent’s
Opposition that was twenty-eight days after Petitioner’s Supplemental Brief was
due. Therefore, Respondent presumes that his Opposition is currently due on
August 15, 2011, which is twenty-eight days after Petitioner’s Supplemental Brief
was filed. In the Order of April 6, 2011, Petitioner’s Reply in support of his
Supplemental Brief was due on a date that was fourteen days after Respondent’s
Opposition was due.
3

1

(B220328), and supplemental briefing in the California Court of Appeal in People

2

v. Rosas (B223322). At the current time, I am preparing a return to a federal habeas

3

corpus petition in Conklin v. Neotti (CV 11-4297 R (FMO)).

4
5
6
7
8
9
10
11

4.

I anticipate beginning work on the Opposition to Petitioner’s

Supplemental Brief within the next week.
5.

For the above reasons, Respondent respectfully requests a thirty-day

enlargement of time to file the Opposition to Petitioner’s Supplemental Brief.
6.

On August 9, 2011, I spoke to counsel for Petitioner, Cliona Plunkett.

Ms. Plunkett informed me that she had no objection to this Application for
Enlargement of Time.
Dated this 11th day of August, 2011, at Los Angeles, California.

12

/s/ Herbert S. Tetef______

13

HERBERT S. TETEF
Deputy Attorney General

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4