United States District Court, E.D. California
J. RADEKIN Attorney at Law - SBN 214964 Attorney for
Defendant DOUGLAS DUNN
UNOPPOSED APPLICATION TO ENLARGE TIME AND CONTINUE
JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
for defendant, Douglas Dunn, requests an order of this court
enlarging time to file appellant's brief, appellee's
brief, and the reply brief by 60 days pursuant to Rule 144 of
the Local Rules of the United States District Court, Eastern
District of California. Counsel also requests that the date
set for hearing, August 27, 2019 at 9:15 a.m., be vacated and
continued to October 22, 2019 at 9:15 a.m. in the courtroom
of the Honorable John A. Mendez. In support of this request,
undersigned counsel declares as follows:
May 6, 2019, this court issued an order setting the following
briefing schedule for the appeal: appellant's brief was
to be filed by July 9, 2019; appellee's brief was to be
filed 21 days after the filing of appellant's brief; and
any reply was to be filed seven court days after service of
appellee's brief. ECF no. 104 at p. 3. In addition, the
court ordered that a hearing be set on August 27, 2019 at
9:15 a.m. Id.
the last 60 days, Ms. Radekin prepared and filed state
post-conviction motions, and prepared for and appeared at
hearings on the motions, for the following clients in removal
proceedings or with pending immigration matters that required
immediate action to prevent their imminent removal:
People v. Shahsavari, Sacramento County no.
13M07447, filed May 22, 2019, hearing on June 12, 2019;
People v. Mikhalenko, Sacramento County no.
05F09184, filed May13, 2019 (with motion for order shortening
time), hearing on May 23, 2019; and People v.
Buryakov, Sacramento County nos. 97F09708 and 00F03188,
submitted May 19, 2019 (hearing not yet set). Ms. Radekin
also filed appellant's opening brief in the case
People v. Ornelas, Sutter County no.
CRF02-0001573-AP1, an appeal of such a post-conviction
motion, on May 28, 2019.
June 2019, Ms. Radekin prepared for and represented her 28
U.S.C. § 2255 movant client at depositions on June 5th
and June 6th in the case United States v. Sekhon,
E.D. Cal. no. 2:06-cr-00058-JAM-EFB. On June 14, 2019, Ms.
Radekin's client, Narinder Khatkarh, was taken into ICE
custody to execute a final order of removal. To prevent his
imminent deportation, Ms. Radekin filed a motion to vacate
his conviction pursuant to California Penal Code section
1473.7 with a motion for order shortening time in the case
People v. Khatkarh, Sutter County no. CRF-09-0405 on
June 17, 2019. She filed a supplemental brief on June 18th
and a reply brief on June 20th. She also filed a motion to
stay Mr. Khatkarh's removal in his pending federal habeas
case, Khatkarh v. CDCR, E.D. Cal. no.
2:14-cv-00079-KJM-KJN, on June 19, 2019. The state court
motion came on for hearing on June 21, 2019.
addition, Ms. Radekin currently has appellant's opening
briefs due in the following cases: People v. Farley,
Third D.C.A. no. C088842, on July 8, 2019; People v.
Valle, Third D.C.A. no. C089454, on July 19, 2019; and
People v. Wynne, Third D.C.A. no. C087686, on July
25, 2019. She also has a reply brief due in People v.
Ornelas (cited above) on July 17, 2019.
July 1, 2019, Ms. Radekin emailed Assistant United States
Attorneys Cameron Desmond and Justin Lee, who are
representing appellee in this appeal. That same day Mr.
Desmond responded by email indicating the government has no
opposition to the proposed enlargement of time and re-setting
of the hearing date to October 22, 2019.
Counsel has had one previous enlargement of time in this
foregoing is true and correct based on Ms. Radekin's
personal knowledge. Accordingly, counsel for defendant
respectfully requests this court issue an order enlarging
time to file appellant's brief by 60 days, making it due
on September 9, 2019, with appellee's brief due 21 days
thereafter and the reply brief due seven court days after
appellee's brief. Counsel also requests the court vacate
the current hearing date of August 27, 2019 at 9:15 a.m. and
set a new hearing date on October 22, 2019 at 9:15 a.m. in
the courtroom of the Honorable John A. Mendez.
reasons set forth in the accompanying application and
declaration of counsel, and good cause appearing, the time to
file appellant's brief is enlarged by 60 days, making it
due September 9, 2019. Appellee's brief shall be served
and filed within 21 days after the filing and service of
appellant's brief. Appellant may serve and file a reply
brief within seven court days after service of appellee's
the hearing currently set on August 27, 2019 at 9:15 a.m. is
VACATED, and the hearing is re-set ...