Rego v. Sherman

Filing 20

Order by Hon. Vince Chhabria granting 19 Motion for Extension of Time to File Traverse.(knm, COURT STAFF) (Filed on 9/3/2014)

RICHARD SUCH
Attorney at Law (Cal. Bar No. 46022)
1120 College Avenue
Palo Alto, CA 94306
[phone]
Attorney for Petitioner
TARVEY REGO
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. CV 14-187 LHK

TARVEY REGO
Petitioner,

VC

MOTION FOR EXTENSION OF
TIME TO FILE TRAVERSE

-vs-

AND ORDER

STU SHERMAN, Acting Warden,
California Substance Abuse Treatment
Facility and State Prison - Corcoran
Respondent

MOTION FOR EXTENSION OF TIME
I, RICHARD SUCH, say:
1. I am the attorney for the petitioner herein.
2. On January 17, 2014, the Court issued an Order to Show Cause, directed the
California Attorney General to file an Answer within 90 days, and granted petitioner
30 days after the filing of the Answer to file a Traverse.
3. The Attorney General filed an Answer on June 13, 2014; petitioner’s
Traverse, therefore, was due on July 14, 2014. Petitioner applied for and was granted
an extension of time to file the Traverse until August 28, 2014.
3. I expected to be able to finish and file the Traverse by August 28, but I was
1

hospitalized at Stanford Hospital between the 26th and 28th for intestinal bleeding, for
which a colonoscopy and an endoscopy were performed and the bleeding was located
and stopped. But in the meantime, I lost an indeterminate amount of blood, resulting
in my red blood cell count and hematocrit being reduced to about 70% of “low
normal,” and it will take me about a week to return to normal.
4. In the meantime, I have a final deadline of September 5 to file the
Appellant’s Opening Brief in People v. Valentine, Court of Appeal No. A140133, and
I will have until September 19 to file the Appellant’s Reply Briefs in People v. Davis,
No. A139111, and in People v. White, No. A139126, and until September 25 to
file the Appellant’s Reply Brief in People v. Piedad, No. A139130. I am
volunteering my time in the present case. Therefore, I am requesting an additional
30 days, until September 24, 2014, to file the Traverse.
5. I have communicated with Deputy Attorney General David Rose by e-mail
while I was in the hospital, and on August 27, 2014, he responded that he had no
objection to an extension of time.
For these reasons, I hereby request that petitioner be allowed another 30 days,
until September 25, 2014, to file his Traverse.

NO

2

A

H

ER

hhabr ia

LI

RT

ince C
J u d ge V

R NIA

TED

GRAN

FO

UNIT
ED

Date: September 3, 2014

/s/ Richard Such
______________________
S DISTRICT RICHARD SUCH
TE
C
Attorney for Petitioner
TA

RT
U
O

S

Dated: August 28, 2014

N

D

OF

C