Proctor v. Wong, et al

Filing 298

ORDER signed by Magistrate Judge Craig M. Kellison on 1/14/09 ORDERING petitioner's request for an extension of time to and including 3/2/09 to submit his brief is GRANTED. (Carlos, K)

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J A M E S S. THOMSON C a lif o rn ia SBN 79658 A tto rn e y and Counselor at Law 8 1 9 Delaware Street Berkeley, California 94710 T e le p h o n e : [phone] F a c sim ile : [phone] JO L IE LIPSIG A tto rn e y at Law C a lif o rn ia SBN 104644 1 0 0 6 4th St., Suite 301 S a c ra m e n to , California 95814 T e le p h o n e : [phone] F a c sim ile : [phone] A tto rn e ys for Petitioner W I L L IA M A. PROCTOR I N THE UNITED STATES DISTRICT COURT

12 E A S T E R N DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 P u r s u a n t to an order issued November 21, 2008, petitioner's brief on the merits of 22 C la im s EE, W, Y, CC, EE, and NN is due on January 16, 2008. Petitioner, by and through 23 h is counsel, hereby requests an extension of forty-five days, to and including March 2, 24 2 0 0 9 , in which to submit his brief. 25 This Court has granted one previous extension of time to file the merits brief. The 26 e x t e n s io n of time is necessary for the following reasons: 27 1. 28 1 R e sp o n d e n t's brief on the merits was filed on September 17, 2008. Despite W IL L IA M A. PROCTOR, ) ) P e t i t io n e r , ) ) ) v. ) ) ) ) R O B E R T L. AYERS, Warden of ) C a lif o rn ia State Prison at San Quentin, ) ) R e sp o n d e n t. ) _________________________________) N o . CIV-S-96-1401 RBB CMK D E A T H PENALTY CASE A P P L IC A T I O N AND ORDER F O R EXTENSION OF TIME T O FILE MERITS BRIEF

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th e ir due diligence, neither Mr. Thomson or Ms. Lipsig have been able to devote sufficient tim e to complete work on the answering briefing due to other case obligations. 2. Lead counsel Mr. Thomson has oral argument in the Ninth Circuit in Grant

v . Ayers, Case No. 06-99003, on January 12, 2009. 3. M r. Thomson is also counsel in a capital trial in the Northern District of

C a lifo rn ia, U. S. v Dennis Cyrus, Case # CR-05-00324-MMC. Despite his attempts to c o n tin u e this trial, jury selection is scheduled for January 13, 2009. The trial is expected to b e lengthy and Mr. Thomson has spent considerable time preparing for the trial in the past 6 0 days. 4. In addition to these obligations, Mr. Thomson also has a merits brief due on

J a n u a ry 14, 2009, in a habeas corpus proceeding in the United States District Court for the D is tric t of Montana, Kills on Top v. Mahoney, CV-01-192-BLG-RFC CSO. 5. A s this Court is aware, Ms. Lipsig is employed full-time by the Office of the

S ta te Public Defender and has a full case load. She is thus unable to devote significant tim e to the present case except on weekends and in the evenings. Unfortunately, due to s ta te budget problems and staff shortages, Ms. Lipsig has been required to take on a d d itio n a l duties, including working some weekends and evenings that she normally would d e v o te to the present case. In addition, during the month of January, she will be required to take two multi-day trips to Southern California to conduct witness interviews. 6. C o u n se l for petitioner have contacted counsel for respondent, Deputy

A tto rn e y General Brian Smiley, regarding this request for an extension of time. He in d ic a te d that he has no objection to the request for an extension of time. F o r all the reasons stated above, petitioner requests that he be granted an additional f o rty-f iv e (45) days, to and including March 2, 2009, in which to submit his brief on the m e rits Claims EE, W, Y, CC, EE, and NN and that respondent's time in which to submit a

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reply brief be extended until thirty (30) days thereafter, or until April 1, 2009. DATED: January 8, 2009 R e sp e c tf u lly submitted,

/s /J A M E S S. THOMSON / s / JOLIE LIPSIG A tto rn e ys for Petitioner IT IS SO ORDERED.

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 D A T E D : January 14, 2009 _____________________________________ _ C R A IG M. KELLISON U N IT E D STATES MAGISTRATE JUDGE