Ernest DeWayne Jones v. Robert K. Wong

Filing 72

EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Reply to Respondent's Opposition to Petitioner's Supplemental Brief on the Court's Power to Grant an Evidentiary Hearing filed by Petitioner Ernest DeWayne Jones. (Attachments: # 1 Proposed Order)(Laurence, Michael)

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MICHAEL LAURENCE, State Bar No. 121854
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]

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Attorneys for Petitioner ERNEST DEWAYNE JONES

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UNITED STATES DISTRICT COURT
FOR CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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Ernest Dewayne Jones,

Case No. CV-09-2158-CJC

Petitioner,

DEATH PENALTY CASE

v.

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Michael Martel, Acting Warden of
California State Prison at San Quentin,

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PETITIONER’S UNOPPOSED EX
PARTE APPLICATION FOR A 30DAY EXTENSION OF TIME TO
FILE A REPLY TO RESPONDENT’S
OPPOSITION TO PETITIONER’S
SUPPLEMENTAL BRIEF ON THE
COURT’S POWER TO GRANT AN
EVIDENTIARY HEARING

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 30-day extension of time, to and including October 28, 2011, to file

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a Reply to Respondent’s Opposition to Petitioner’s Supplemental Brief on the Effect of

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Cullen v. Pinholster on This Court’s Power to Grant An Evidentiary Hearing.

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Petitioner’s Reply is currently due to be filed September 28, 2011.

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Petitioner has advised Respondent’s counsel of this request, and counsel does

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not oppose this application. The contact information for counsel for Respondent is as

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follows:

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PETITIONER’S EX PARTE APPLICATION FOR A 30-DAY EXTENSION
OF TIME TO FILE REPLY TO OPPOSITION TO SUPPLEMENTAL BRIEF
ON COURT’S POWER TO GRANT AN 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: September 22, 2011

Respectfully submitted,
HABEAS CORPUS RESOURCE CENTER

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

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PETITIONER’S EX PARTE APPLICATION FOR A 30-DAY EXTENSION
OF TIME TO FILE REPLY TO OPPOSITION TO SUPPLEMENTAL BRIEF
ON COURT’S POWER TO GRANT AN 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 April 6, 2011, this Court issued an order vacating the briefing

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schedule previously adopted by the Court and ordered Petitioner to file a supplemental

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brief addressing his entitlement to an evidentiary hearing in view of the Supreme

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Court’s holding in Cullen v. Pinholster, 131 S. Ct. 1388 (2011).

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3.

Petitioner filed a Supplemental Brief on the Effect of Cullen v. Pinholster

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

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September 14, 2011, respondent filed an opposition to petitioner’s supplemental

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briefing. Petitioner’s reply is due on September 28, 2011.

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4.

On

I will be unable to file a reply to respondent’s opposition by September

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28, 2011.

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evidentiary hearing reply brief in Ashmus v. Wong, No. 93-CV-00594-TEH, involving

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the claim that the California statute fails to genuinely narrow the application of the

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death penalty. I have also been working on an opening brief relating to two additional

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claims in that case, which is due on October 3, 2011.

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5.

Since receiving respondent’s opposition, I filed an extensive post-

On September 21, 2011, Ms. Cliona Plunkett, counsel for petitioner,

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contacted Mr. Herbert Tetef, counsel for Respondent, and informed him of the

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substance of this request for additional time, including the proposed due date. Mr.

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Tetef authorized petitioner’s counsel to represent to the Court that he has no objection

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to this request.

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PETITIONER’S EX PARTE APPLICATION FOR A 30-DAY EXTENSION
OF TIME TO FILE REPLY TO OPPOSITION TO SUPPLEMENTAL BRIEF
ON COURT’S POWER TO GRANT AN EVIDENTIARY HEARING
CV-09-2158-CJC

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6.

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The foregoing is true and correct and executed under penalty of perjury under

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I anticipate filing our reply on or before October 18, 2011.

the laws of the United States on September 22, 2011.

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/s/ Michael Laurence____________
Michael Laurence

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PETITIONER’S EX PARTE APPLICATION FOR A 30-DAY EXTENSION
OF TIME TO FILE REPLY TO OPPOSITION TO SUPPLEMENTAL BRIEF
ON COURT’S POWER TO GRANT AN EVIDENTIARY HEARING
CV-09-2158-CJC