Heredia v. Martel

Filing 46

ORDER signed by Magistrate Judge Craig M. Kellison on 5/10/12 ORDERING that application is being made to the Court that the deadline for petitioner to file the traverse be enlarged by 60 days. (Dillon, M)

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JOHN R. DUREE, JR., INC.
A Professional Law Corporation
Attorney at Law – SBN 65684
ERIN J. RADEKIN
Attorney at Law - SBN 214964
428 J Street, Suite 352
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
AARON AUGUSTINE HEREDIA

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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AARON AUGUSTINE HEREDIA,
Petitioner,

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Case No. 10-CV-0693-GEB-CMK

v.
MICHAEL MARTEL, Warden,
Respondent.

APPLICATION AND STIPULATION TO
ENLARGE TIME FOR PETITIONER TO
FILE TRAVERSE; ORDER

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By order dated March 12, 2012, the Court has ordered filing of a traverse or reply to

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respondent’s Response to Amended Petition for Writ of Habeas Corpus (filed April 5, 2012) by 30

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days after the filing of said response, or May 5, 2012. Counsel for petitioner respectfully request an

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additional 60 days enlargement of time, for the reasons set forth herein. Within the last 30 days, Mr.

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Duree and his associate Ms. Radekin, who has assisted with the briefing, have been preparing

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supplemental briefing for a state petition for writ of habeas corpus matter in the case In re Narinder

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Singh Khatkhar, Sutter County case number CRHC 09-0040502-002. It is important that such

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briefing be filed as soon as reasonably possible, as Mr. Khatkhar is currently in immigration custody

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facing imminent deportation as the result of a Sutter County conviction. Further, Ms. Radekin is

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currently involved in a demanding dependency case out of Butte County, In re Yhip, petition nos. J36319 and J-36320. As it is early in this dependency proceeding and the dependency time lines are

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brief, the case is moving very quickly, and involves approximately 1,000 pages of medical records.

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It is set for jurisdictional hearing on May 10, 2012 and trial will follow within 30 days thereafter.

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Ms. Radekin is also appointed counsel for Rafael Velasco in the case United States v. Rafael

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Velasco, et al., case 1:11-cr-00186, which involves approximately 3,000 pages of discovery and

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numerous phone communications intercepted pursuant to wire tap orders, as well as several other

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federal felony cases currently pending in pretrial proceedings.

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Mr. Duree presently has four federal mortgage fraud cases pending (two are related) in this

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Court involving voluminous discovery, United States v. Vitaliy Andreyev, case nos. 2:12-cr-00069-

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JAM, United States v. Valeri Mysin, case no. 2:11-cr-00427-LKK and 2:12-cr-00051-MCE and

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United States v. Khadzhimurad Babatov, case no. 2:11-cr-00514-GEB. Mr. Duree also has several

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other felony state cases pending in state court in pre-trial proceedings, involving approximately four

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appearances each week, some out-of-county.

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On May 1, 2012, undersigned counsel communicated with Jill Thayer, attorney representing

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respondent in this case, by email. Ms. Thayer stated that she has no opposition to a 60-day

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enlargement of time.

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Accordingly, application is being made to the Court that the deadline for petitioner to file the

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traverse be enlarged by 60 days.

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Dated: May 3, 2012

Respectfully submitted,

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/s/ JOHN R. DUREE, JR.
JOHN R. DUREE, JR.
Attorney for Petitioner
AARON AUGUSTINE HEREDIA

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IT IS SO ORDERED.
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DATED: May 10, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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