Opinion
2:18-cv-01573 RFB VCF
11-23-2022
PAULETTE WALKER PERRY, Petitioner, v. DWIGHT NEVEN, Respondent.
Sandra Gillies Attorney at Law California State Bar No. 88665, Attorney for Paulette Perry
Sandra Gillies Attorney at Law California State Bar No. 88665, Attorney for Paulette Perry
REQUEST FOR AN ORDER EXCUSING DEFAULT AND FOR AN EXTENSION OF TIME TO OPPOSE MOTION TO DISMISS PROPOSED ORDER
RICHARD E. BOULWARE, II United States District Court
Petitioner Paulette Perry, through counsel, respectfully requests this Court excuse her default and grant an extension of time, up to and including January 2, 2023, to file her opposition to respondent's motion to dismiss.
DECLARATION OF SANDRA GILLIES
I, Sandra Gillies, declare:
1. I am the lawyer appointed to represent Paulette Perry in this habeas proceeding. I am admitted to this Court pro hac vice.
2. On October 24, respondent Dwight Neven filed a motion to dismiss Ms. Perry's amended petition for a writ of habeas corpus. I failed to calendar the date to file my opposition due to workload issues.
3. Around the time respondent filed the motion, I received transcripts in some of my state appeals, including approximately a thousand pages I had requested in order to raise a Baton challenge to jury selection, along with a shorter record. Also during that time I was completing an 116 page brief in a California criminal appeal. I failed to calendar the time for responding to the motion to dismiss because of the confluence of these things.
4. As I was cleaning out my inbox yesterday, I pulled out the motion to dismiss and realized I missed the time for opposing.
5. Since respondent filed his motion to dismiss, I have filed one opening brief in a misdemeanor appeal; three supplemental briefs and two reply brief in different felony cases; two petitions for rehearing and a petition for review in felony cases; and prepared for and argued a felony appeal.
Executed under penalty of perjury this 22nd day of November 2022 at Woodland, California.
PROPOSED ORDER
Good cause appearing, counsel's default is excused and the date for filing the opposition to the motion to dismiss is extended to January 2, 2023.
IT IS SO ORDERED.