Olea v. Warden Salinas Valley State Prison et al

Filing 11

***FILED IN ERROR***SEE DOCKET NUMBER 12****ORDER by Judge Lucy H. Koh granting 9 Motion for Extension of Time to Answer re 9 MOTION for Extension of Time to File Answer (Attachments: # 1 cert of mailing) (mpb, COURT STAFF) (Filed on 8/2/2012) Modified on 8/2/2012 (mpb, COURT STAFF).

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1 2 3 4 5 6 7 KAMALA D. HARRIS Attorney General of California PEGGY S. RUFFRA Supervising Deputy Attorney General LINDA M. MURPHY Deputy Attorney General State Bar No. 148564 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-1334 Fax: (415) 703-1234 E-mail: Linda.Murphy@doj.ca.gov Attorneys for Respondent 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 ANIANO OLEA, Petitioner, 14 v. 15 16 17 C 12-0148 LHK (PR) APPLICATION FOR EXTENSION OF TIME WARDEN SALINAS VALLEY STATE PRISON, Respondent. 18 19 20 Respondent hereby requests a 60-day extension of time until September 28, 2012, in which 21 to file a response to petitioner’s petition for writ of habeas corpus. Good cause for the extension 22 is set forth in the accompanying declaration of counsel. I have not attempted to contact petitioner 23 because he is an incarcerated prisoner who is representing himself in this case. 24 /// 25 /// 26 /// 27 /// 28 /// 1 Application for Extension of Time (C 12-0148 LHK (PR)) 1 2 WHEREFORE, respondent respectfully requests that this Court grant an extension of time to and including September 28, 2012, in which to file an answer. 3 4 Dated: July 26, 2012 Respectfully Submitted, 5 KAMALA D. HARRIS Attorney General of California PEGGY S. RUFFRA Supervising Deputy Attorney General 6 7 /s/ Linda M. Murphy 8 LINDA M. MURPHY Deputy Attorney General Attorneys for Respondent 9 10 11 SF2012204235 20627822.doc 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Application for Extension of Time (C 12-0148 LHK (PR)) 1 2 3 4 5 6 7 KAMALA D. HARRIS Attorney General of California PEGGY S. RUFFRA Supervising Deputy Attorney General LINDA M. MURPHY Deputy Attorney General State Bar No. 148564 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-1334 Fax: (415) 703-1234 E-mail: Linda.Murphy@doj.ca.gov Attorneys for Respondent 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 ANIANO OLEA, Petitioner, 14 15 16 17 C 12-0148 LHK (PR) v. DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR EXTENSION OF TIME WARDEN SALINAS VALLEY STATE PRISON, Respondent. 18 19 20 I, LINDA M. MURPHY, declare under penalty of perjury as follows: 21 I am a Deputy Attorney General for the State of California and am assigned to represent 22 23 respondent in this case. Petitioner is a state prisoner who was convicted of 11 counts of inflicting corporal injury on 24 his spouse, four counts of making criminal threats, two counts of torture, two counts of 25 aggravated mayhem, and one count each of assault with a deadly weapon, possession of a firearm 26 by a felon, and possession of ammunition by a felon. He was also found to have personally 27 inflicted great bodily injury while committing corporal injury on a spouse. He was sentenced to 28 1 Declaration of Counsel in Support of Extension of Time (C 12-0148 LHK (PR)) 1 four consecutive indeterminate terms of seven years to life in prison, consecutive to a determinate 2 term of 20 years. 3 4 5 Petitioner filed a petitioner for writ of habeas corpus in this Court on January 9, 2012. On April 10, 2012, this Court issued an order directing respondent to respond. Because of my caseload responsibility, I need additional time to file a response. Since this 6 Court’s order, I have filed respondent’s briefs in People v. Powell (A131100), People v. Kim 7 (h037765), People v. Villareal (H037177), People v. Derrick (A132036), an opposition in 8 Wilridge v. Marshall (3:09-CV-02236-SI), an answer and a motion in Smith v. Trimble (C-11- 9 3918-RS and C-11-4418-RS), and an opposition in In re Duran (A135477). I am currently 10 drafting a respondent’s brief in People v. Norris (A132036). I have oral argument scheduled on 11 August 10, 2012, in People v. Duran (A130262 and A135477). I have two other state cases and 12 one other federal case with chronological precedence over this case. I have taken vacation and 13 furlough time in June and July, and I have a ten-day vacation planned in August. 14 15 Accordingly, I respectfully request that the Court grant respondent an extension of time to and including September 28, 2012, in which to file a response. 16 17 Dated: July 26, 2012 Respectfully Submitted, 18 KAMALA D. HARRIS Attorney General of California PEGGY S. RUFFRA Supervising Deputy Attorney General 19 20 /s/ Linda M. Murphy 21 LINDA M. MURPHY Deputy Attorney General Attorneys for Respondent 22 23 24 SF2012204235 20627825.doc 25 26 27 28 2 Declaration of Counsel in Support of Extension of Time (C 12-0148 LHK (PR)) 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 ANIANO OLEA, 14 Petitioner, [PROPOSED] ORDER 15 16 17 C 12-0148 LHK (PR) v. WARDEN SALINAS VALLEY STATE PRISON, 18 Respondent. 19 20 21 On application of counsel and good cause appearing, the time to file the response to the habeas petition is extended to and including September 28, 2012. 22 23 24 Dated: 8/1/12 The Honorable Lucy H. Koh United States District Judge 25 26 27 28 1 Proposed Order (C 12-0148 LHK (PR)) DECLARATION OF SERVICE BY U.S. MAIL Case Name: Aniano Olea v. Warden of Salinas Valley State Prison No.: C 12-0148 LHK (PR) I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On July 26, 2012, I served the attached (1) APPLICATION FOR EXTENSION OF TIME (2) DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR EXTENSION OF TIME (3) [PROPOSED] ORDER by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows: Aniano Olea G-63622 Salinas Valley State Prison 31625 Highway 101 P.O. Box 1050 Soledad, CA 93960-1050 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on July 26, 2012, at San Francisco, California. S. Chiang Declarant SF2012204235 20627935.doc /s/ S. Chiang Signature

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