Turner v. United States Department of the Treasury

Filing 13

ORDER GRANTING 12 Ex Parte Application for Extension of Time to Respond to Complaint. Defendant shall answer or otherwise respond to plaintiff's Complaint on or before August 25, 2015. Order signed by Magistrate Judge Sheila K. Oberto on 7/25/2015. (Timken, A)

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:15 -cv-00007-LJO-SKO

9 BRUCE ERVIN TURNER,
Plaintiff,

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EX PARTE APPLICATION
AND ORDER FOR EXTENSION OF
TIME TO RESPOND TO
COMPLAINT

v.

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12 UNITED STATES DEPARTMENT OF THE
TREASURY Financial Crimes Enforcement
13 Network,
Defendant.

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I, Benjamin E. Hall, declare as follows:

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1.

I am an Assistant United States Attorney in the Eastern District of California. I am

18 licensed to practice law in the State of California and before this Court. I am familiar with the
19 pleadings and documents pertaining to the above-captioned lawsuit. I have personal knowledge of
20 the facts stated in this declaration and, if called as a witness, could competently testify to these facts.
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2.

Pursuant to Local Rule 144(c) of the United States District Court for the Eastern

22 District of California, I make this initial ex parte request for a 28-day extension of time until August
23 25, 2015, for defendant, United States Department of the Treasury Financial Crimes Enforcement
24 Network, to submit its answer or otherwise respond to plaintiff’s Complaint.
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3.

Plaintiff, an inmate confined at the California Correctional Institution, filed his

26 Complaint (ECF No. 1) on January 5, 2015.

The Court screened the Complaint pursuant to

27 28 U.S.C. § 1915A and entered an Order (ECF No. 6) finding that plaintiff’s Complaint stated a
28 cognizable claim under the Freedom of Information Act. Process was served upon the United States
EX PARTE APPLICATION AND ORDER FOR EXTENSION OF
TIME TO RESPOND TO COMPLAINT

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1 Attorney’s Office in Sacramento on May 29, 2015, and the case was assigned to me for handling on
2 June 18, 2015, while I was out of the state on annual leave.
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I have requested but not yet received information from the U.S. Department of the

4 Treasury regarding the FOIA request that is the subject of plaintiff’s Complaint. I request this
5 extension in order to allow time for the agency to collect and provide information concerning the
6 facts of this matter. No prior extension has been requested. Because plaintiff is incarcerated, it is
7 not reasonably practicable to obtain an extension by stipulation.
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This Ex Parte Application is not submitted for the purpose of undue delay or for any

9 improper purpose and will not impact any existing scheduling dates or cause prejudice to any party
10 to this litigation.
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I declare under penalty of perjury under the laws of the United States of America that the

12 foregoing is true and correct. Executed this 22nd day of July, 2015, at Fresno, California.
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_/s/ Benjamin E. Hall
Benjamin E. Hall
Assistant United States Attorney

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ORDER

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IT IS HEREBY ORDERED that defendant shall answer or otherwise respond to plaintiff’s

19 Complaint on or before August 25, 2015.
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21 IT IS SO ORDERED.
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Dated:

July 25, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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EX PARTE APPLICATION AND ORDER FOR EXTENSION OF
TIME TO RESPOND TO COMPLAINT

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