Kinzle v. Glebe

Filing 76

ORDER DIRECTING RESPONDENT TO FILE A REPLY TO PETITIONER'S RESPONSE. Respondent shall file a reply brief to Respondent's answer to Petitioner's third amended habeas petition not later than 7/5/2019. Respondent's answer (Dkt. # 66 ) is RE-NOTED on the Courts calendar for consideration on that date. Signed by Hon. Michelle L. Peterson. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JEFFERY M. KINZLE,
Petitioner,

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Case No. C14-703-JCC-MLP

v.
ORDER DIRECTING RESPONDENT TO
FILE A REPLY TO PETITIONER’S
RESPONSE

MIKE OBENLAND,
Respondent.

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This is a federal habeas action brought under 28 U.S.C. § 2254. On September 25, 2018,

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Petitioner, through counsel, filed a motion for leave to file a third amended petition under § 2254

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together with a proposed third amended petition. (Dkt. ## 59, 60.) On November 5, 2018, the

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Court granted Petitioner’s motion for leave to file his third amended petition and directed

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Respondent to file an answer thereto. (Dkt. # 63.) Respondent filed his answer on February 6,

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2019 and, on April 15, 2019, Petitioner’s counsel filed a reply brief in support of the petition.

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(Dkt. ## 66, 71.) Petitioner’s reply brief is properly construed as a response to Respondent’s

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answer. (See Dkt. # 63, ¶ 2.) While Respondent was provided an opportunity to file a reply brief

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in support of his answer, he elected not to do so. The Court has now reviewed the briefing of the

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ORDER DIRECTING RESPONDENT TO
FILE A REPLY TO PETITIONER’S
RESPONSE - 1

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parties, and the balance of the record, and concludes that a reply brief from Respondent which

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addresses the arguments raised in Petitioner’s response to Respondent’s answer would aid the

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Court in its resolution of Petitioner’s federal habeas claims.

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Accordingly, the Court hereby ORDERS as follows:

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(1)

Respondent shall file a reply brief which addresses the arguments set forth in

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Petitioner’s response to Respondent’s answer to Petitioner’s third amended habeas petition not

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later than July 5, 2019. Respondent’s answer (Dkt. # 66) is RE-NOTED on the Court’s calendar

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for consideration on that date.

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(2)

The Clerk is directed to send copies of this Order to all counsel of record and to

the Honorable John C. Coughenour.
DATED this 4th day of June, 2019.

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A

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MICHELLE L. PETERSON
United States Magistrate Judge

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ORDER DIRECTING RESPONDENT TO
FILE A REPLY TO PETITIONER’S
RESPONSE - 2