Ernest DeWayne Jones v. Robert K. Wong

Filing 88

EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File OPPOSITION TO PETITIONERS OPENING 2254(D) BRIEF ON EVIDENTIARY HEARING CLAIMS ; Declaration of Herbert S. Tetef filed by Respondent Robert K. Wong. (Attachments: # 1 Proposed Order)(Tetef, Herbert)

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KAMALA D. HARRIS
Attorney General of California
DANE R. GILLETTE
Chief Assistant Attorney General
LANCE E. WINTERS
Senior Assistant Attorney General
A. SCOTT HAYWARD
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

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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ERNEST DEWAYNE JONES,

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Petitioner, UNOPPOSED APPLICATION FOR
ENLARGEMENT OF TIME TO
v.
FILE OPPOSITION TO
PETITIONER’S OPENING 2254(D)
BRIEF ON EVIDENTIARY
KEVIN CHAPPELL, Warden,
HEARING CLAIMS;
California State Prison at San
DECLARATION OF HERBERT S.
Quentin,
TETEF

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CV-09-2158-CJC

Respondent. CAPITAL CASE

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The Honorable Cormac J. Carney
U.S. District Judge

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Respondent respectfully moves for a forty-five day enlargement of time, to

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and including June 24, 2013, in which to file an Opposition to Petitioner’s Opening

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///

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///

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2254(D) Brief on Evidentiary Hearing Claims. This Application is unopposed and

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is based on good cause as set forth in the attached Declaration.

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Dated: May 2, 2013

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
DANE R. GILLETTE
Chief Assistant Attorney General
LANCE E. WINTERS
Senior Assistant Attorney General
A. SCOTT HAYWARD
Deputy Attorney General

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

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LA2009505879
60996161.doc

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DECLARATION OF HERBERT S. TETEF REGARDING APPLICATION

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FOR ENLARGEMENT OF TIME

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I, HERBERT S. TETEF, hereby declare under penalty of perjury under the

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laws of the United States of America that the following is true and correct:
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I am a Deputy Attorney General of the State of California and represent

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the Respondent in the instant case of Ernest Dewayne Jones v. Kevin Chappell,

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Warden, California State Prison at San Quentin, case number CV 09-2158 CJC.

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2.

Pursuant to this Court’s Order of March 6, 2013, Respondent’s

Opposition to Petitioner’s Opening 2254(D) Brief on Evidentiary Hearing Claims is
currently due on May 10, 2013.
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This is Respondent’s second request for an enlargement of time to file the

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Opposition. Respondent was previously granted one sixty-day enlargement of time

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to file the Opposition.

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4.

Pursuant to the Joint Stipulation of the Parties filed on April 12, 2012,

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and this Court’s Order of April 16, 2012, the parties’ briefing is to address whether

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the thirty claims in the Petition satisfy 28 U.S.C. section 2254(d)(1) and/or (d)(2).

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Although Petitioner’s Opening Brief does not address all thirty claims, in violation

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of the parties’ Joint Stipulation and this Court’s Order of April 16, 2012,

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Respondent’s Opposition will address all thirty claims.

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5.

I have made substantial progress on the Opposition. To date, I have

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completed briefing on approximately twenty-three of the thirty claims in the

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Petition. Another attorney in the office who is assisting me with the Opposition has

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completed briefing on approximately four of the claims. Accordingly, briefing on

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approximately twenty-seven of the thirty claims is now completed.

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6.

However, before the Opposition can be filed, briefing on the three

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remaining claims must be finished. In addition, when the first draft of the briefing

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is completed, it will have to undergo supervisorial review, and any necessary

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changes to the brief will then have to be made following that review. Further, the
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brief will have to be edited in order to comply with the Court’s page limitation.

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The brief will also need to be formatted for filing.

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7.

I had hoped to complete and file the Opposition within this extension

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period. However, the briefing of the numerous claims in the 430-page Petition,

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which are based on over 3,000 pages of exhibits submitted in state court, has been

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time-consuming. In addition, the attorney in the office who was assigned to assist

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me with the Opposition has had to work on several other matters relating to her

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responsibilities as an evidentiary hearing coordinator in the office. Further, I have

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been managing a large backlog of cases that include three capital cases, habeas

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corpus cases in the United States District Court and California Supreme Court, and

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appeals in the Ninth Circuit Court of Appeals and California Court of Appeal. I

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was also out of the office on several days of leave, including two mandatory

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furlough days.

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8.

Accordingly, I am respectfully requesting a forty-five day enlargement of

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time, to and including June 24, 2013, in which to file the Opposition to Petitioner’s

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Opening Brief.

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9.

On April 30, 2013, I spoke to Petitioner’s counsel Cliona Plunkett over

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the telephone. Ms. Plunkett informed me that she has no objection to this

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Application for an Enlargement of Time.

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Dated this 2nd day of May, 2013, at Los Angeles, California.

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/s/ Herbert S. Tetef
HERBERT S. TETEF
Deputy Attorney General

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