King v. Adams et al

Filing 23

ORDER by Judge Susan Illston granting 20 Motion for Extension of Time to File Response/Reply ; granting 21 Motion for Extension of Time to File Response/Reply. GOOD CAUSE APPEARING, it is hereby ordered that petitioners time for responding to the Attorney Generals answer herein is extended thirty (30) days, through and including January 30, 2013 (tfS, COURT STAFF) (Filed on 1/10/2013)

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EMRY J. ALLEN
SBN 60414
Attorney at Law
PMB 336-5050 Laguna Blvd., Suite 112
Elk Grove, CA 95758
Telephone: [phone]

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Attorney for Petitioner KING

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALTON KING,

) No. 3:11-cv-02792 SI
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DECLARATION AND APPLICATION
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FOR ENLARGEMENT OF TIME
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TO FILE RESPONSE TO
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Petitioner,

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DERRAL G. ADAMS, WARDEN
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Respondent.

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I, EMRY J. ALLEN, hereby declare under penalty of perjury as follows:

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I am the attorney representing petitioner herein. A response to the habeas corpus

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petition was filed on July 3, 2012. P

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November 30, 2012. Counsel has requested an extension through and including

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December 31, 2012,

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not been served with an order on this request.

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was last due for fling on

To my knowledge I have

I hereby respectfully request one final thirty-day enlargement of time, through and

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including

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request for an enlargement of time.

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This is my fourth

additional time requested.

s response.
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I most recently spoke with Deputy Attorney General Karen Bovarnick, counsel for
respondent, on November 27, 2012. As of that date respondent has not opposed

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The reasons for this application are as follows:
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1. I am handling this case on a strictly pro bono basis, as a courtesy to petitioner,
whom I represented as appointed counsel in his state court appeal. Thus, while I have
made considerable progress on the traverse herein, I have also had to devote significant

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time to other matters, many of which have involved preexisting deadlines following

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multiple extensions, in order to sustain my practice. Specifically, I recently filed the

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opening brief in People v. Jefferies-Echols (C071479); I must prepare the opening brief

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in People v. Herring (F065167; no further extensions absent proof of exceptional

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habeas corpus petition in In re Brown, S200366 an automatic appeal in which I am lead

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appointed counsel (informal response filed on September 25, 2012); the traverse in a

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noncapital federal habeas corpus proceeding; King v. Adams (3:11-cv-02792 SI;

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traverse due on November 30 following two sixty-day extensions; extension to December

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31 requested); the reply brief and habeas corpus investigation in People v. Spencer,

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S057242, another automatic appeal in which I am lead appointed counsel; the reply brief

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in Carter v. Entercom, C066751, a lengthy and complex civil appeal (ARB due on January
7, 2013 following multiple extensions); and record review in People v. Ward (B243600;
murder case; 3000 page record).
2. I emphasize that I expect to file petitioner s response within the additional time
requested. However, for the foregoing reasons, I have been unable to properly complete
and file said response to the answer within the time previously requested. I therefore

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respectfully request that the time for filing of said response be extended thirty days,

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through and including January 30, 2013.

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I declare under penalty of perjury of the laws of the state of California and the
United States of America that the foregoing is true and correct.
Executed on December 30, 2012, at Elk Grove, California.

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/s/ Emry J. Allen
EMRY J. ALLEN
Attorney at Law

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EMRY J. ALLEN
SBN 60414
Attorney at Law
PMB 336-5050 Laguna Blvd., Suite 112
Elk Grove, CA 95758
Telephone: [phone]

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Attorney for Petitioner KING

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALTON KING,

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Petitioner,

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DERRAL G. ADAMS, ET. AL.,

No. 3:11-cv-02792 SI

ORDER RE: APPLICATION
FOR ENLARGEMENT OF TIME

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responding to

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and including January 30, 2013.

answer herein is extended thirty (30) days, through

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DATED:

1/8/12

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United States District Judge

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CERTIFICATE OF SERVICE

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King v. Adams, 3:11-cv-02792 SI
I, undersigned, declare as follows:
I am a citizen of the United States, over the age of 18 years and not a party to the

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within action; my place of employment and business address is 5050 Laguna Blvd., Suite

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112, PMB 336, Elk Grove, CA 95758. I hereby certify on the date shown, that I served the

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forgoing

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DECLARATION AND APPLICATION FOR ENLARGEMENT OF TIME
TO FILE RESPONSE TO ANSWER; ORDER RE: APPLICATION FOR
ENLARGEMENT OF TIME

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by serving the Clerk of the United States District Court for the Northern District of
California using the Court electronic filing system. Participants in this case who are
registered with this system will be served by the electronic filing system. I further certify

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system. On the date shown I served the foregoing document on the following

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non-registered participant, and on the Attorney General, at the addresses shown, by placing

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the document in an envelope(s) and sealing and depositing said envelopes in a United

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States Postal Service mailbox at Elk Grove, California, with postage thereon fully prepaid:

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Attorney General
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102

Alton King, T83180
SATF/CSP
E4-116
P.O. Box 7100
Corcoran, CA 93212

I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 30, 2012, at Elk Grove, California.

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/s/ Emry J. Allen
Emry J. Allen

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