Smith v. Campbell

Filing 33

STIPULATION AND ORDER extending time to and including 7/31/2009 for filing of traverse; Signed by Judge Marilyn Hall Patel on 6/30/2009. (awb, COURT STAFF) (Filed on 6/30/2009)

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L A R R Y GENE SMITH T -6 5 3 0 8 M u le Creek State Prison P .O . Box 409040 Io n e , California 95640 P e titio n e r Pro Se A s s is te d by NEOMA KENWOOD (SBN 101805) A tto rn e y at Law P .M .B . #414 1 5 6 3 Solano Avenue Berkeley, California 94707 T e le p h o n e and Facsimile: [phone] n k e n w o o d @ s b c g lo b la l.n e t

U N I T E D STATES DISTRICT COURT 12 N O R T H E R N DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
D e c la ra tio n of Neoma D. Kenwood In Support of S t i p u l a t i o n Extending Time for Filing of Petitioner's Traverse, 1 Smith v. Campbell, C 06-02972 MHP

____________________________________ ) L A R R Y GENE SMITH, ) ) P e titio n e r, ) ) v ) ) R O S A N N E CAMPBELL, Acting Warden, ) ) ) R e sp o n d e n t. ) ) I , Neoma D. Kenwood, declare as follows: 1.

C 06-02972 MHP DECLARATION OF N E O M A D. KENWOOD IN S U P P O R T OF STIPULATION E X T E N D I N G TIME FOR F I L I N G OF P E T IT IO N E R 'S TR AVER SE

I am an attorney licensed to practice law in the State of California and admitted to p ra c tic e before this Court.

2.

I represented petitioner LARRY GENE SMITH in his state appeal and state habeas c o rp u s proceeding. I assisted Mr. Smith in the preparation and filing of his habeas c o rp u s petition in this Court at Mr. Smith's request and have been assisting him in th e se proceedings without compensation, because he is unable to represent

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h im s e lf . The Court, on February 17, 2009, denied Mr. Smith's renewed motion for a p p o i n tm e n t of counsel. However, I will continue to prepare Mr. Smith's Traverse b e c au s e he is unable to prepare that pleading himself. I have reviewed the Respondent's Answer to the Court's Order to Show Cause and 3 9 -p a g e Memorandum of Points and Authorities in support of that Answer and b eliev e that the filing of a Traverse is essential to respond to the Respondent's arg u m en ts. I have been researching and drafting the arguments for Mr. Smith's T ra v e rs e but will not be able to complete and file that Traverse by its due date of Ju ly 3. I have completed my drafting of responses to all of respondent's arguments e x c ep t one, which requires the supporting declaration of an expert witness to rebut th e State's contentions. I have already conferred with this expert witness, but b ec au se of the need to obtain various trial documents from trial counsel, this expert w ill be unable to complete his work by the present due date of July 3. I have a rra n g e d with Mr. Smith's former trial counsel to obtain the necessary documents n e x t week and the expert assures me that he will be able to complete his work in su f f icie n t time to enable me to complete my response and file the Traverse by July 3 1 . Because I cannot complete the response to this one argument without o b ta in in g the declaration from this expert witness, I require an additional 28 days w ith in which to complete and file the Traverse. With this last requested extension o f time, I will be able to file the Traverse for Mr. Smith by July 3, 2009. T h e parties have filed five previous stipulations extending time for the filing of P etitio n er's Traverse, first extending the time from November 30, 2008 to January 1 9 , 2009, and second, extending the time from January 19, 2009 to March 5, 2009. The Court, on its own motion, extended the time from March 5, 2009 to April 24, 2 0 0 9 , when it denied petitioner's motion for appointment of counsel. The parties' th ird stipulation extended the time from April 24, 2009 to May 15, 2009, the fourth

D e c la ra tio n of Neoma D. Kenwood In Support of S t i p u l a t i o n Extending Time for Filing of Petitioner's Traverse, 2 Smith v. Campbell, C 06-02972 MHP

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stip u latio n extended the time from May 15, 2009 to June 5, 2009, and the fifth s tip u la tio n extended the time from June 5 to July 3, 2009. T o d a y I spoke to counsel for the Respondent, Juliet Haley, regarding my need for a n o th e r extension of time of 28 days to file the Traverse. She has no opposition a n d is agreeable to this stipulation. T h is requested time modification should have no impact on the filing of any f u rth e r pleadings, as the Court's Order to Show Cause, filed September 2, 2008, states that the "matter shall be deemed submitted as of the date petitioner's tra v e rs e is due." S h o u ld the Court order that the time for the filing of petitioner's Traverse by e x te n d e d by 28 days to July 3, 2009, the Traverse will be completed and filed by th a t date.

I declare under penalty of perjury under the laws of the State of California and the U n ite d States of America that the foregoing is true and correct. Executed this 26th day of J u n e 26, 2009, at Berkeley, California. /s /N e o m a D. Kenwood NEOMA KENWOOD

D e c la ra tio n of Neoma D. Kenwood In Support of S t i p u l a t i o n Extending Time for Filing of Petitioner's Traverse, 3 Smith v. Campbell, C 06-02972 MHP

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LARRY GENE SMITH T-65308 Mule Creek State Prison P.O. Box 409040 Ione, California 95640 Petitioner Pro Se Assisted by NEOMA KENWOOD (SBN 101805) Attorney at Law P.M.B. #414 1563 Solano Avenue Berkeley, California 94707 Telephone and Facsimile: [phone] [e-mail]

UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 Having considered the stipulation entered into by and between the parties and good cause 21 appearing therefor, 22 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED: 23 That petitioner shall serve and file a Traverse not later than July 31, 2009. 24 25 _______________________________________ ) LARRY GENE SMITH, ) ) Petitioner, ) ) v ) ) ROSANNE CAMPBELL, Acting Warden, ) ) ) Respondent. ) ) C 06-02972 MHP [PROPOSED] ORDER UPON STIPULATION EXTENDING TIME FOR FILING OF PETITIONER'S TRAVERSE

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