Turner v. Foulk et al

Filing 23

Order by Hon. Vince Chhabria granting 21 Motion for Leave to File Traverse Late.(knm, COURT STAFF) (Filed on 10/15/2014)

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Robert J. Beles Bar No. 41993
Paul McCarthy Bar No. 139495
Manisha Daryani Bar No. 272992
One Kaiser Plaza, Suite 2300
Oakland, California 94612-3642
Tel No. [phone]
Fax. No. [phone]

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Attorneys for Petitioner VINCENT TURNER

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United States District Court

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Northern District of California
San Francisco Division

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VINCENT TURNER ,

No. 3:13-cv-05718-VC

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Petitioner,
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v.

MOTION AND DECLARATION OF GOOD
CAUSE TO PERMIT LATE FILING OF
TRAVERSE AND REPLY MEMORANDUM

FRED FOULK , Warden, High Desert
State Prison

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Respondent,
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PEOPLE OF THE STATE OF CALIFORNIA,
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Real Party in Interest.
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MOTION AND DECLARATION OF GOOD CAUSE TO PERMIT LATE FILING OF
TRAVERSE AND REPLY MEMORANDUM

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I, Manisha Daryani, declare under penalty of perjury as follows:
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1. On December 10, 2013, petitioner filed a petition for writ of habeas corpus.
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Respondent filed its brief on June 5, 2014.
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2. Petitioner requested and received three extensions of time to file the traverse and reply
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memorandum for a total of 97 days. The traverse and reply memorandum were due on Friday,
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October 10, 2014.
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3. I was able to finish the reply memorandum on that date, but after 5:00 p.m. When
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I attempted to e-file the documents, I learned that ECF was down for maintenance until noon
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today, Monday, October 13, 2014.
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Motion and Declaration of Good Cause to Permit Late Filing of Traverse and Reply Memorandum

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4. On behalf of petitioner, I request leave to file the traverse and reply memorandum
three days late.
5. Petitioner is not on bail and is serving a sentence of 48 years to life in state prison.
Accordingly, respondent will not be prejudiced by the reply brief being filed three days late.
I declare under penalty of perjury that the facts set forth in this motion are true and
correct. Executed in Oakland, California, on Monday, October 13, 2014.

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/s/ Manisha Daryani

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Manisha Daryani
Attorney for Petitioner

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Date: October 14, 2014

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Motion and Declaration of Good Cause to Permit Late Filing of Traverse and Reply Memorandum