Objection To Ag Time Enlargement

THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA Kay Kim, Petitioner, v. State of Indiana, Respondent,

) ) ) ) ) ) ) )

Cause No. 1:09-cv-1221-SEB-JMS

MOTION TO DENY EXTENSION OF TIME TO FILE RETURN TO ORDER TO SHOW CAUSE. 1. Kay Kim has been in jail and the mental hospital since September 25, 2009. 2. The respondent was given ample time of 20 days from the court to show cause. The

respondent waited until the eleventh hour to ask for extention of time without consulting the petitioner. 3. If the Court grant the extension of time then Kay Kim, pro se would have stayed in the

detention for 55 days. 4. Under IC 35-36-3, Kay Kim, pro se must be evaluated in a local mental facility within

the first 90 days. The State has violated her rights and committed her to the Logonsport State Hospital. 5. Kay Kim has provided an affidavit to show how much she has been suffering in the State

Hospital. 6. Attached is my affidavit to show cause. 7. Kay Kim next court appointment is on December 18, 2009. Any further delay will negate the purpose for the writ of habeas corpus.

Wherefore, the petitioner requests that this Court deny Respondent request for extension of time and grant summary judgment to the petitioner. Date:_________________________

Respectfully submitted,

Charles Chuang, As Next friend of Kay Kim 4250 Village Parkway Cir, Apt 2 Indianapolis, IN 46254 CERTIFICATE OF SERVICE I hereby certify that on October 21, 2009 I have served the foregoing on the counsel listed below through US Mail, fist class postage pre-paid:

___________________ Charles Chuang 4250 Village Parkway Cir, Apt 2 Indianapolis, IN 46254

Kelly A. Miklos Office of the Attorney General, Indiana Government Center South, 5th Floor 302 Washington St. Indianapolis, IN 46204.

___________________ Charles Chuang