Eggum v. Uttecht

Filing 146

ORDER DIRECTING RESPONDENT TO FILE BRIEF ADDRESSING PETITIONER'S SUPPLEMENTAL AUTHORITY: On 12/31/2019, petitioner filed a notice of supplemental authority directing the Court's attention to a recent published decision by the Washington Court of Appeals, State v. Dawley, which addresses the constitutionality of the statute at issue in this case. (Dkt. 145 .) On or before 1/31/2020, respondent shall file a supplemental brief addressing Dawley's impact on the instant case and responding to the arguments petitioner raises in his notice. Petitioner shall not file a reply unless directed by the Court. The Clerk is directed to RE-NOTE respondent's answer (Dkt. 133 ) and petitioner's motion to expand the record (Dkt. 126 ) for 1/31/2020. The Court directs the Clerk to SUBSTITUTE Donald Holbrook, the WSP Superintendent, as the respondent in this action. Signed by Hon. Mary Alice Theiler. (MW)

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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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v.
DONALD HOLBROOK, 1

Case No. C14-1328-RAJ-MAT
ORDER DIRECTING RESPONDENT
TO FILE BRIEF ADDRESSING
PETITIONER’S SUPPLEMENTAL
AUTHORITY

Respondent.

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On December 31, 2019, petitioner filed a notice of supplemental authority directing the

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Court’s attention to a recent published decision by the Washington Court of Appeals, State v.

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Dawley, which addresses the constitutionality of the statute at issue in this case. (Dkt. 145.) On

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or before January 31, 2020, respondent shall file a supplemental brief addressing Dawley’s impact

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on the instant case and responding to the arguments petitioner raises in his notice. Petitioner shall

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not file a reply unless directed by the Court.

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Petitioner has been transferred to the Washington State Penitentiary (“WSP”) in Walla Walla, Washington.
(See Dkt. 144 at 1 n.1.) Accordingly, the Court directs the Clerk to SUBSTITUTE Donald Holbrook, the WSP
Superintendent, as the respondent in this action.

ORDER DIRECTING RESPONDENT TO
FILE BRIEF ADDRESSING
PETITIONER’S SUPPLEMENTAL
AUTHORITY - 1

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The Clerk is directed to RE-NOTE respondent’s answer (Dkt. 133) and petitioner’s motion

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to expand the record (Dkt. 126) for January 31, 2020, and to send copies of this order to the parties

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and the Honorable Richard A. Jones.

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Dated this 16th day of January, 2020.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER DIRECTING RESPONDENT TO
FILE BRIEF ADDRESSING
PETITIONER’S SUPPLEMENTAL
AUTHORITY - 2