The opinion of the court was delivered by: Judge The Honorable Susan Illston
KAMALA D. HARRIS Attorney General of California ANYA M. BINSACCA Supervising Deputy Attorney General DENISE A. YATES Deputy Attorney General State Bar No. 191073 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5531 Fax: (415) 703-5843 E-mail: Denise.Yates@doj.ca.gov Attorneys for Respondent Michael Martel, Acting Warden at San Quentin State Prison
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
Pursuant to the Clerk's Notice of July 19, 2011 and this Court's Standing Case Management Conference Order, Respondent Michael Martel, Acting Warden at San Quentin State Prison, through counsel, submits the following stipulation between the parties for 23 continuing the case management conference currently scheduled for August 26, 2011, upon 24 agreement and order of this Court.
DECLARATION OF COUNSEL IN SUPPORT OF STIPULATED REQUEST
I, Denise A. Yates, declare under penalty of perjury of the laws of the State of California and of the United States:
1. I am an attorney admitted to practice before the courts of the State of California and this Court. I am employed by the California Attorney General's Office as a Deputy Attorney General in the Correctional Writs and Appeals Section, and I am assigned to represent respondent 3 in this habeas action in which petitioner Carlin challenges the Board of Prison Terms' December 15, 2003 decision denying him parole.
2. Following a decision by the Ninth Circuit Court of Appeals, this Court ordered the parties to appear for a case management conference on August 26, 2011, and to file a joint case 7 management conference statement by August 19, 2011.
3. I will be out of the office from August 8 through August 18, 2011. Since receiving this Court's July 19, 2011 Notice, I have prepared six filings and responded to an adverse order. I 10 also need to work on at least three other filings before August 8.
4. I communicated with Petitioner Carlin's attorney, Margaret Littlefield, and she does not object to continuing the joint case management conference to September 23, 2011, and 13 the deadline for filing the joint case management conference statement to September 16, 2011.
5. This stipulated agreement to continue the conference and statement dates is not made for any purpose of harassment, undue delay, or for any improper reason. Respondent has 16 not requested any other extensions of time to ...