Schweitzer v. State of Hawaii, et al

Filing 101

ORDER LIFTING STAY AND DISMISSING THE SECOND AMENDED PETITION re 12 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/9/2024. This Court DIRECTS the Clerk's Office to close this case on April 24, 2024 unless a timely motion for reconsideration of this Order is filed. (eta)

UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
ALBERT IAN SCHWEITZER,

CIV. NO. 05-00065 LEK-KJM

Plaintiff,
vs.
STATE OF HAWAII, TODD THOMAS,
WARDEN OF SAGUARO CORRECTIONAL
CENTER - ELOY, ARIZONA; AND TED
SAKAI, DIRECTOR OF PUBLIC
SAFETY, STATE OF HAWAI'I;
Defendants.
ORDER LIFTING STAY AND DISMISSING THE SECOND AMENDED PETITION
January 31, 2005, Petitioner Albert Ian Schweitzer
(“Schweitzer”), proceeding pro se, filed a Petition Under 28 USC
§ 254 for Writ of Habeas Corpus by a Person in State Custody
(“Petition”). [Dkt. no. 1.] On March 9, 2005, Schweitzer filed
his Amended Petition. [Dkt. no. 4.] On May 20, 2005, he filed an
addenda to the Amended Petition. [Dkt. no. 12.] The Amended
Petition and the addenda were construed collectively as
Schweitzer’s second amended petition (“Second Amended
Petition”). See Order to Show Cause and Answer Second Amended
Petition, filed 6/16/05 (dkt. no. 14).
On March 13, 2006, this case was stayed to allow
Schweitzer, who was represented by counsel at that point, to
present the unexhausted claims in the Second Amended Petition to

a state court through a Hawai`i Rules of Penal Procedure Rule 40
petition. See Order Staying Petition, filed 3/13/06 (dkt.
no. 37). On January 4, 2007, the case was administratively
closed. [Order Directing the Clerk of Court to Administratively
Close this Case, filed 1/4/07 (dkt. no. 42).] On January 26,
2017, Schweitzer informed this Court that he filed a Rule 40
petition in state court. See Petitioner Albert Ian Schweitzer’s
State of Hawaii Rule 40 Petition for Post-Conviction Relief,
filed 1/26/17 (dkt. no. 84) (with petition filed in Schweitzer
v. State of Hawai`i, Case No. S.P.P. 17-1-0002, on 1/17/17 in
the State of Hawai`i Third Circuit Court).
The state court, in a separate proceeding, vacated
Schweitzer’s conviction and dismissed the criminal case against
him. See Schweitzer v. State of Hawai`i, Case No. 3CSP 230000003 (Circuit Court of the Third Circuit, Hilo Division,
State of Hawai`i), Findings of Fact, Conclusions of Law Granting
Petition to Vacate, Set Aside, and Correct Judgment, and to
Release Petitioner Albert Ian Schweitzer from Custody, filed
10/20/23 (dkt. no. 117) (“10/20/23 State Court Decision”).
On March 20, 2024, this Court issued an entering order
informing the parties that it was inclined to dismiss the Second
Amended Petition as moot. [Dkt. no. 100.] No objection to this
Court’s inclination was filed. There being no objection, this
Court concludes that Schweitzer’s Second Amended Petition is
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moot in light of the 10/20/23 State Court Decision. This Court
therefore LIFTS the stay and DISMISSES the Second Amended
Petition.
This Court DIRECTS the Clerk’s Office to close this
case on April 24, 2024 unless a timely motion for
reconsideration of this Order is filed.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, April 9, 2024.

ALBERT IAN SCHWEITZER VS. STATE OF HAWAII, ET AL; CV 05-00065
LEK-KJM; ORDER LIFTING STAY AND DISMISSING THE SECOND AMENDED
PETITION

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