Manai v. Cates

Filing 12

ORDER granting 11 MOTION for Extension of Time to File filed by Slim Manai. Amended Petition due by 12/17/2013. Signed by Judge Charles R. Breyer on 6/20/2013. (beS, COURT STAFF) (Filed on 6/21/2013)

Case3:12-cv-04399-CRB Document11 Filed06/13/13 Page1 of 3

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STEVEN G. KALAR
Federal Public Defender
DIANA GARRIDO
Assistant Federal Public Defender
450 Golden Gate Avenue
San Francisco, CA 94102
Telephone: [phone]
Telefacsimile: [phone]

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Counsel for Petitioner MANAI
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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v.
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E. VALENZUELA, Warden,
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Respondent.
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_____________________________________ )
SLIM MANAI,

Petitioner,

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No. CR-12-4399 CRB (PR)
PETITIONER’S MOTION TO EXTEND
TIME TO FILE AN AMENDED PETITION,
OR, IN THE ALTERNATIVE, A
MEMORANDUM OF POINTS AND
AUTHORITIES

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On February 26, 2013, this Court granted Mr. Manai’s motion for leave to file an
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amended habeas petition, or, in the alternative, a memorandum of point and authorities. The
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Court set the filing date for June 17, 2013. Recent developments compel the Federal Public
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Defender’s Office to request an extension of the filing due date.
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Undersigned counsel recently informed Federal Defender Kalar of her resignation.
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Counsel will return to the Office of the Public Defender in the County of Contra Costa. Because
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of sequestration, Mr. Kalar is unable to hire a replacement for undersigned counsel, or for
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another Assistant Federal Public Defender in San Jose who has recently announced his
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retirement. All of undersigned counsel’s other cases are accordingly being reassigned to the
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Criminal Justice Act Panel.
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Mr. Kalar is currently evaluating whether the case can be assigned to an Assistant
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Pet.’s Motion to Extend Time to File, No. CR 12-4399

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Federal Public Defender in another office outside of the San Jose division. If the case is

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reassigned, that AFPD will need time to learn the case, review the briefing that has been done

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thus far, contact Petitioner, and assume litigation responsibilities. Similarly, if the case is

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paneled to CJA counsel that attorney will need additional time before an amended petition or a

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memorandum is filed.

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In addition, during undersigned counsel’s work on the case several issues have been

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identified that require additional investigation before an amended habeas petition, or

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memorandum of points and authorities, can be filed. That investigation will continue while the

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issue of counsel is resolved.

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The Court will recall that the Petitioner is currently serving two life sentences. Mr.

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Manai’s habeas petition raises complex issues of constitutional and habeas law. A continuance

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would provide Mr. Manai’s new counsel with adequate time to effectively defend Petitioner, and

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would not prejudice Mr. Manai or the Respondent. As of the time of filing the instant motion,

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respondent’s counsel has not responded to phone calls or emails notifying Respondent of

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undersigned counsel’s intent to request this extension.

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The undersigned counsel accordingly respectfully request that this Court grant a six-

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month continuance. Defender support staff that have been assigned to Mr. Manai’s case are

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continuing to work on his habeas petition. A notice of new counsel will be filed as soon as is

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practicable, and new counsel for Mr. Manai will then file a status memorandum with the Court.

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Dated: June 13, 2013
Respectfully submitted,

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STEVEN G. KALAR
Federal Public Defender
Northern District of California

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/s
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DIANA A. GARRIDO
Assistant Federal Public Defender

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Pet.’s Motion to Extend Time to File, No. CR 12-4399

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[Proposed] ORDER

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Good cause appearing, IT IS HEREBY ORDERED that the briefing schedule for the
petitioner’s petition for a writ of habeas corpus shall be as follows:

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Petitioner’s petition shall be filed no later than December 17, 2013.
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harles
Judge C

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Pet.’s Motion to Extend Time to File, No. CR 12-4399

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er

R. Brey

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____________________________________
THE HONORABLE CHARLES D BREYER
DERE R.
United States District OR Judge
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Dated: June 20, 2013

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IT IS SO ORDERED.

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