Turner v. Foulk et al

Filing 18

Order by Hon. Vince Chhabria granting 17 Motion for Extension of Time to File Response/Reply.(knm, COURT STAFF) (Filed on 7/31/2014)

ORIGINAL
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ORIGINAL

Robert J. Beles Bar No. 41993
Paul McCarthy Bar No. 139497
One Kaiser Plaza, Suite 2300
Oakland, California 94612-3642
Tel No. [phone]
Fax. No. [phone]
Attorneys for Petitioner

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United States District Court

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Northen District of California
San Francisco Courthouse

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v.

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Petitioner,

FRED FOULK, Warden, High Desert State
Prison

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No. 3:13-cv-05718-VC

VINCENT TURNER ,

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MOTION AND DECLARATION OF GOOD
CAUSE FOR EXTENSION OF TIME TO
FILE TRAVERSE AND REPLY
MEMORANDUM

AND ORDER

Respondent,
PEOPLE OF THE STATE OF CALIFORNIA,

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Real Party in Interest.

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MOTION AND DECLARATION OF GOOD CAUSE FOR
EXTENSION OF TIME TO FILE TRAVERSE AND REPLY MEMORANDUM
I, Paul McCarthy, declare under penalty of perjury as follows:
1. I am the attorney for petitioner in this case.
2.

Respondent’s Answer was filed on June 5, 2014.

The Traverse and Reply

Memorandum is currently due on August 4, 2014.
3. Counsel requests an extension of 35 days, so that the traverse and reply will be due
on Monday, September 8, 2014.
4. Petitioner has previously requested one extensions of time for 30 days to file the

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Motion and Declaration of Good Cause for Extension
of Time to File Traverse and Reply Memorandum

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ORIGINAL

traverse and reply memorandum.

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5. Within the last 30 days, I prepared and filed a reply brief in the Ninth Circuit for

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Nevarez and a traverse and reply memorandum for Milton. I am currently working on a

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opening brief in the First Appellate District (Lopez) that must be filed this month. Because of

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the work on these items, I will be unable to prepare and file the traverse and reply memorandum

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by the due date.

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6. On July 29, 2014, my office contacted Margo Yu, the listed attorney of record for
respondent. Ms. Yu indicated that she had no objection to the request.
I declare under penalty of perjury that the facts stated in this declaration are true and
correct. Executed in Oakland, California, on Tuesday, July 29, 2014.

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Paul McCarthy
Attorney for Petitioner

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Date: July 31, 2014

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Motion and Declaration of Good Cause for Extension
of Time to File Traverse and Reply Memorandum

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CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing with the Clerk of the Court
for the Eastern District of California by using the CM/ECF system on July 29, 2014.
I certify that all participants in the case are registered CM/ECF users and that
service will be accomplished by the CM/ECF system.

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Signature: /s/ Paul McCarthy

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Motion and Declaration of Good Cause for Extension
of Time to File Traverse and Reply Memorandum