Briscoe v. United States of America

Filing 19

ORDER granting 18 Motion supplement record; Motions terminated: 18 MOTION to Supplement the Record filed by United States of America. A COPY OF THIS ORDER HAS BEEN MAILED TO PETITIONER TODAY. Signed by Hon. Mary Alice Theiler.(GB)

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01 02 03 04 05 06 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________ ) CASE NO. C09-1847-RSL-MAT (CR-07-218-RSL) 07 JAMES JEREMY BRISCOE, 08 09 10 11 12 13 ORDER GRANTING RESPONDENT'S MOTION TO SUPPLEMENT THE RECORD Earlier the Court requested supplemental briefing from the parties on the question of 14 equitable tolling because "[o]n the present record, petitioner has shown neither diligence in 15 pursuing his rights nor that extraordinary circumstances stood in the way of filing his 2255 16 motion." (Dkt. 16, at 5.) Petitioner filed a supplemental brief (Dkt. 17), but respondent failed 17 to respond as directed with additional documentation. Respondent now moves to supplement 18 the record because its failure to respond was inadvertent. (Dkt. 18.) 19 The Court GRANTS respondent's motion to supplement the record. (Dkt. 18.) 20 Petitioner has yet to state claims or to provide evidence that would suggest that equitable tolling 21 is warranted. He therefore will not be prejudiced by further development of the record and by 22 having an opportunity to reply to respondent's submission. Respondent shall supplement the ORDER GRANTING RESPONDENT'S MOTION TO SUPPLEMENT THE RECORD PAGE -1 01 record by no later than September 30, 2010. Respondent shall file an optional reply brief by 02 October 15, 2010. The Clerk is directed to renote the response to the 2255 petition (Dkt. 8) 03 to October 15, 2010. 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER GRANTING RESPONDENT'S MOTION TO SUPPLEMENT THE RECORD PAGE -2 DATED this 20th day of September, 2010. A Mary Alice Theiler United States Magistrate Judge

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