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BILL LOCKYER

Attorney General of the State of California

ROBERT R. ANDERSON

Chief Assistant Attorney General

MARY JO GRAVES

Senior Assistant Attorney General

JOHN G. McLEAN

Supervising Deputy Attorney General

DORIS A. CALANDRA

Deputy Attorney General

State Bar No. 124192

 1300 I Street

 P.O. Box 944255

 Sacramento, CA 94244-2550

 Telephone: (916) 324-5250

 Fax: (916) 324-2960

Attorneys for Respondent

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DAVID DANIEL CEPEDA,

Petitioner,

v.

BRAD ESPINOZA, Warden,

Respondent.

CIV-S-04-1899 WBS JFM P

DECLARATION AND ORDER

FOR EXTENSION OF TIME

DORIS A. CALANDRA declares under penalty of perjury as follows:

I am a DeputyAttorneyGeneral ofthe State ofCalifornia assigned to prepare and file

an Answer in the instant matter. The Answer is due on July 16, 2005. No previous extensions of

time have been granted to prepare the Answer.

In the last thirty days, the undersigned has filed Appellee’s Brief in Cecrle v. Terhune,

04-16822, and the People’s Informal Response in In re Runquist, S129316. I have also assisted in

the preparation of Respondent’s Brief on the Merits in People v. Wells, S128640. 

I have obtained from the California Supreme Court the petitions for writ of habeas

corpus pertaining to three of Petitioner’s claims in this Court. Petitioner has included in his second

amended petition a claim not related to either former unconsolidated petition in this Court, which

addresses solely his probation revocation hearing and not his state convictions. That new claim must

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be evaluated and addressed by our Correctional Law Section. The procedural history of these

petitions and Petitioner’s inclusion of claims beyond those authorized by this Court’s March 8, 2005,

order requires an extension of time to prepare our Answer.

I am requesting a sixty-day extension of time because I will be out of the office for

three weeks in August.

In view of the foregoing, your Declarant requests a sixty-day extension of time to and

including September 14, 2005, in which to file an Answer on behalf of Respondent.

Dated: July 14, 2005

Respectfully submitted,

BILL LOCKYER

Attorney General of the State of California

ROBERT R. ANDERSON

Chief Assistant Attorney General

MARY JO GRAVES

Senior Assistant Attorney General

JOHN G. McLEAN

Supervising Deputy Attorney General

/s/ Doris A. Calandra

DORIS A. CALANDRA

Deputy Attorney General

Attorneys for Respondent

DAC:lms

SA2002FH0022

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ORDER

Respondent has filed a request to modify the briefing schedule. GOOD CAUSE

APPEARING, it is hereby ordered that:

1. Respondent’s July 14, 2005 motion is granted.

2. Respondent shall file a response to the second amended petition for writ of habeas

corpus within sixty days from the date of this order.

3. Petitioner’s traverse, if any, shall be filed thirty days thereafter.

DATED: July 20, 2005.

/cepe1899.ext

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