Turner v. Foulk et al

Filing 20

Order by Hon. Vince Chhabria granting 19 Motion for Extension of Time to File Response/Reply re 10 Response to Order to Show Cause to October 10, 2014. (knm, COURT STAFF) (Filed on 9/11/2014)

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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San Francisco Courthouse

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Northen District of California

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 September 8, 2014.
3. Counsel requests an extension of 32 days, so that the traverse and reply will be due
on Friday, October 10, 2014.
4. Petitioner has previously requested two extensions of time for 65 days to file the

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

ORIGINAL
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ORIGINAL

traverse and reply memorandum.

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5. Within the last 30 days, I prepared and filed two federal writs of habeas corpus (Perez

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and Landry). I also filed a writ of habeas corpus in Contra Costa Superior Court. I am currently

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working on a opening brief in the First Appellate District (Lopez) and a federal writ of habeas

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corpus, both of which must be filed by September 10. Because of the work on these items, I will

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be unable to prepare and file the traverse and reply memorandum by the due date.

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6. On September 4, 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 Friday, September 5, 2014.

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Paul McCarthy
Attorney for Petitioner

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The Court further orders Petitioner will not be granted any further extensions of time.

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Date: September 11, 2014

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

ORIGINAL

ORIGINAL
CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing with the Clerk of the Court

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for the Eastern District of California by using the CM/ECF system on September 5,

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2014.

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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