Eggum v. Uttecht

Filing 116

ORDER SETTING BRIEFING SCHEDULE. The Court ORDERS respondent to file his answer, addressing all of the claims raised in petitioner's amended habeas petition, by 3/15/2019. Respondent shall note the answer for 3/29/2019. Petitioner shall file a reply by the noting date. Signed by Hon. Mary Alice Theiler. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARLOW TODD EGGUM,
Petitioner,

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Case No. C14-1328-RAJ-MAT
ORDER SETTING BRIEFING
SCHEDULE

v.
JEFFREY A UTTECHT,
Respondent.

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This is a 28 U.S.C. § 2254 habeas action. On January 9, 2019, the Court granted the parties’

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joint motion to lift the stay in this matter. Dkt. 111. On January 24, 2019, the Court granted

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petitioner’s request to file a supplemental brief and reserved ruling on his request to expedite the

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briefing schedule and/or bifurcate briefing of the issues. Dkt. 113. On January 29, 2019, the

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parties filed a joint status report and proposed briefing schedule. Dkt. 115.

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Petitioner proposes bifurcating the briefing in this matter so that the Court would resolve

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the First Amendment issue he recently raised in the Washington Courts, and then only if necessary

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obtain briefing on the remaining claims. Id. at 1. Respondent opposes this option, asserting that

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every claim petitioner wishes the Court to address should be briefed and resolved now. Id. The

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parties agree that regardless of the scope of the briefing, respondent should file his answer by

ORDER SETTING BRIEFING
SCHEDULE - 1

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March 15, 2019, and petitioner should file his reply by March 29, 2019. Id. at 2.

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The Court concludes that all claims petitioner wishes to raise should be addressed now,

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rather than litigated piecemeal. Accordingly, the Court ORDERS respondent to file his answer,

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addressing all of the claims raised in petitioner’s amended habeas petition, by March 15, 2019.

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Respondent shall note the answer for March 29, 2019. Petitioner shall file a reply by the noting

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date. The Clerk is directed to send copies of this order to the parties and to the Honorable Richard

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A. Jones.

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Dated this 6th day of February, 2019.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER SETTING BRIEFING
SCHEDULE - 2