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)

Download PDF
Case3:06-cv-02225-CRB Document70 Filed07/05/12 Page1 of 2 1 2 3 4 5 6 ERIK G. BABCOCK, SBN 172517 LAW OFFICES OF ERIK BABCOCK 1212 Broadway, Suite 726 Oakland, CA 94612 (510) 452-8400 Tel. (510) 452-8405 Fax Attorney for Petitioner VALERIE CAMPBELL 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 VALERIE CAMPBELL, No. CV-06-2225 CRB ORDER APPLICATION FOR EXTENSION OF TIME TO FILE TRAVERSE 13 Petitioner-Appellant, 14 15 v. 16 GLORIA HENRY, 17 Respondent-Appellee. ) 18 19 I, ERIK G. BABCOCK, declare as follows: 20 1. 21 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 22 to represent her in the Ninth Circuit. The Ninth Circuit found her petition was timely 23 and remanded to this court. The court reinstated the Order the Show Cause. On 24 25 March 24, 2011 respondent filed a response to the Order to Show Cause. After 26 several extensions, my traverse is due today, July 5, 2012. 27 2. I am requesting approximately 90 days in which to file a traverse. I have exercised 28 APPLICATION FOR EXTENSION OF TIM E Campbell v. Henry, No. 06cv2225 CRB Case3:06-cv-02225-CRB Document70 Filed07/05/12 Page2 of 2 1 2 diligence but I am still not able to file the traverse by today, as currently scheduled. 3. I have finished reviewing the record in this case. However, I still need to do some 3 research and writing. I have two lengthy Ninth Circuit cases with briefs due in the 4 next few weeks, after which I am scheduled to be out of the country for 3 weeks in 5 August. 6 7 4. 8 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 9 extensions. 10 11 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. 12 13 7. 14 I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th 15 I therefore request approximately another 90 days, to and including October 1, 2012. day of July 2012 at Oakland, California. 16 /S Erik Babcock ERIK G. BABCOCK Counsel for Petitioner 17 18 RT 25 DERED . Breyer harles R Judge C NO 24 O OR IT IS S ER 27 A H 26 FO 23 Signed: July 9, 2012 LI 22 UNIT ED 21 S DISTRICT TE C TA RT U O S 20 R NIA 19 N D IS T IC T R OF C 28 APPLICATION FOR EXTENSION OF TIM E Campbell v. Henry, No. 06cv2225 CRB - 2 -

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?