Campbell v. Henry

Filing 71

ORDER re 70 MOTION for Extension of Time to File Traverse filed by Valerie E. Campbell. Traverse due by 10/1/2012. Signed by Judge Charles R. Breyer on 7/9/2012. (beS, COURT STAFF) (Filed on 7/9/2012)

Case3:06-cv-02225-CRB Document70 Filed07/05/12 Page1 of 2

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ERIK G. BABCOCK, SBN 172517
LAW OFFICES OF ERIK BABCOCK
1212 Broadway, Suite 726
Oakland, CA 94612
[phone] Tel.
[phone] Fax
Attorney for Petitioner
VALERIE CAMPBELL

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VALERIE CAMPBELL,

No. CV-06-2225 CRB
ORDER
APPLICATION FOR EXTENSION
OF TIME TO FILE TRAVERSE

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Petitioner-Appellant,

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v.

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GLORIA HENRY,

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Respondent-Appellee.
)

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I, ERIK G. BABCOCK, declare as follows:

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1.

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Ms. Campbell filed a pro se federal habeas petition in 2006. The court granted
respondent’s motion to dismiss on timeliness grounds. I was subsequently appointed

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to represent her in the Ninth Circuit. The Ninth Circuit found her petition was timely
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and remanded to this court. The court reinstated the Order the Show Cause. On

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March 24, 2011 respondent filed a response to the Order to Show Cause. After

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several extensions, my traverse is due today, July 5, 2012.

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2.

I am requesting approximately 90 days in which to file a traverse. I have exercised

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APPLICATION FOR EXTENSION OF TIM E
Campbell v. Henry, No. 06cv2225 CRB

Case3:06-cv-02225-CRB Document70 Filed07/05/12 Page2 of 2

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diligence but I am still not able to file the traverse by today, as currently scheduled.
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I have finished reviewing the record in this case. However, I still need to do some

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research and writing. I have two lengthy Ninth Circuit cases with briefs due in the
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next few weeks, after which I am scheduled to be out of the country for 3 weeks in

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August.

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4.

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I have previously spoken with respondent’s counsel about this case and understood
him to say that he would have no objection to, or be prejudiced by, any requested

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extensions.

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6.

My client is currently in state custody serving a sentence of 25 to life for murder,
followed by two consecutive life sentences for two attempted murder convictions.

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7.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th

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I therefore request approximately another 90 days, to and including October 1, 2012.

day of July 2012 at Oakland, California.

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/S Erik Babcock
ERIK G. BABCOCK
Counsel for Petitioner

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RT

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DERED

. Breyer

harles R
Judge C

NO

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O OR
IT IS S

ER

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FO

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Signed: July 9, 2012

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UNIT
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APPLICATION FOR EXTENSION OF TIM E
Campbell v. Henry, No. 06cv2225 CRB

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