Campbell v. Henry

Filing 73

ORDER granting 72 MOTION for Extension of Time to File Response/Reply Traverse filed by Valerie E. Campbell. Traverse due by 1/7/2013. Signed by Judge Charles R. Breyer on 10/3/2012. (beS, COURT STAFF) (Filed on 10/3/2012)

Case3:06-cv-02225-CRB Document72 Filed10/02/12 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

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ORDER
Petitioner-Appellant,

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v.

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APPLICATION FOR EXTENSION
OF TIME TO FILE TRAVERSE

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, October 1, 2012.

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2.

I am requesting approximately 3 months 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 Document72 Filed10/02/12 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 have not been able to

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finish my investigation and research. I recently had a client elect to proceed on a no4
time waiver basis in murder case and am frantically preparing that for trial. I also

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have opening briefs due in two Ninth Circuit cases in the next few weeks.

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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 1st

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I therefore request approximately 3 months, to an including January 7, 2013.

day of October 2012 at Oakland, California.

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/S Erik Babcock
ERIK G. BABCOCK
Counsel for Petitioner

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Signed: October 3,2012

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

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