Morimoto v. Fraker et al

Filing 22

ORDER granting 15 Motion to Stay; granting 20 Motion for Extension of Time; 18 2254 motion re 16 Response to Habeas Petition, 1 Petition for Writ of Habeas Corpus NOTED on motion calendar;, 10 MOTION for Order, 8 MOTION :; Mot ions terminated: 15 MOTION to Stay filed by John Quinton Morimoto, 20 MOTION for Extension of Time filed by John Quinton Morimoto. Noting Date 10/5/2012, re 18 2254 motion re 16 Response to Habeas Petition, 1 Petition for Writ of Habeas Corpus NOTED on motion calendar;, 10 MOTION for Order, 8 MOTION. A COPY OF THIS ORDER HAS BEEN MAILED TO PETITIONER TODAY. Signed by Hon. Mary Alice Theiler.(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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09 JOHN QUINTON MORIMOTO,
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Petitioner,
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v.
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RON FRAKER, et al.,
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Respondents.
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____________________________________ )

CASE NO. C12-0981-RSL-MAT

ORDER RE: PENDING MOTIONS

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Petitioner John Quinton Morimoto proceeds pro se in this habeas corpus matter

16 pursuant to 28 U.S.C. § 2254. The Court now considers several pending motions in this
17 matter. Having considered the motions, along with the balance of the record, the Court does
18 hereby find and ORDER as follows:
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(1)

Petitioner filed a motion for extension of time to file a responsive brief in this

20 matter. (Dkt. 20.) Respondent does not object to the thirty-day extension of time requested.
21 (Dkt. 21.) Finding the request reasonable, petitioner’s motion for an extension of time (Dkt.
22 20) is GRANTED. Respondent’s Answer (Dkt. 16) is hereby RENOTED for consideration on

ORDER RE: PENDING MOTIONS
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01 October 5, 2012. Petitioner may file and serve a response no later than October 1, 2012, and
02 respondent may file and serve a reply no later than October 5, 2012.
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(2)

Petitioner also filed a consolidated motion for discovery, to perpetuate

04 testimony, and for an evidentiary hearing (Dkt. 8) and a motion for subpoena duces tecum (Dkt.
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Respondent submitted an opposition to the consolidated motion (Dkt. 14) and, in

06 response, petitioner filed a motion to stay the hearing on his consolidated motion until the Court
07 determines the merits of his habeas petition (Dkt. 15). Because the motion for subpoena duces
08 tecum also seeks discovery, the Court presumes petitioner also seeks to stay consideration of
09 that motion. The Court further GRANTS petitioner’s motion for a stay in the consideration of
10 his discovery-related motions. (Dkt. 15.) Petitioner’s consolidated motion (Dkt. 8) and his
11 motion for subpoena duces tecum (Dkt. 10) are hereby RENOTED for consideration on
12 October 5, 2012.
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(3)

The Clerk shall direct copies of this Order to the parties and to the Honorable

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DATED this 29th day of August, 2012.

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Mary Alice Theiler
United States Magistrate Judge

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ORDER RE: PENDING MOTIONS
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