Yates v. Sinclair

Filing 101

ORDER granting Plaintiff's 99 Motion for Reliance on Evidence ; No later than ten (10) days from the date of this Order the parties shall submit a proposed briefing schedule, by Judge Ricardo S Martinez. (SWT)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 ROBERT LEE YATES, JR., Case No. C13-0842RSM 8 9 10 Petitioner, v. STEPHEN D. SINCLAIR, ORDER ON PETITIONER’S MOTION TO AUTHORIZE RELIANCE UPON EVIDENCE PRESENTED DURING THE EVIDENTIARY HEARING 11 Respondent. THIS IS A CAPITAL CASE 12 13 14 THIS MATTER came before the Court on Petitioner’s Motion to Authorize Reliance Upon Evidence Presented during the Evidentiary Hearing. Dkt. #99. Petitioner asks the 15 Court to allow him to rely on evidence admitted at his recent evidentiary hearing, when 16 17 prosecuting his current habeas petition. Id. The Court finds this motion wholly unnecessary. 18 As Respondent has noted, the Court previously ruled that three of Petitioner’s habeas claims – 19 claims 2, 6, and 10 from his First Amended Petition – warranted further factual development 20 and therefore the Court conducted an evidentiary hearing concerning those three claims on 21 22 March 6-7, 2017. Dkt. #100 at 1. In its Order directing that the hearing be conducted, the Court informed the parties that it would consider evidence from that hearing when evaluating 23 24 25 26 Petitioner’s claims. See Dkt. #64. Indeed, that was the very purpose of the hearing. Moreover, Respondent agrees the Court may consider the testimony and evidence presented at the evidentiary hearing. Dkt. #100 at 1. Thus, it is not clear why Petitioner filed the instant ORDER – 1 1 2 3 motion. However, since there are no objections, and to make the record clean, the Court will grant Petitioner’s motion. In addition, it now appears that both parties agree no second amended habeas petition 4 5 6 is required as a result of the evidentiary hearing. Dkts. #99 and #100. Accordingly, the Court hereby ORDERS: 7 1. Plaintiff’s Motion for Reliance on Evidence (Dkt. #99) is GRANTED. 8 2. No later than ten (10) days from the date of this Order the parties shall 9 submit a proposed briefing schedule setting forth a timeline for any 10 supplemental briefing on Petitioner’s existing Claims 2, 6 and 10 as a result of 11 the evidentiary hearing, and for Petitioner’s Reply brief. Once a proposed 12 briefing schedule has been received, the Court will review the proposal and 13 14 issue an Order setting a briefing schedule and replacing Petitioner’s habeas 15 petition for consideration on the Court’s motion calendar. 16 DATED this 30 day of May, 2017. 17 A 18 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 ORDER – 2

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