Eggum v. Uttecht

Filing 181

ORDER denying Respondent's 176 Motion to Stay the Writ Pending Appeal. Signed by Judge Richard A. Jones.(MW)

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The Honorable Richard A. Jones

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARLOW TODD EGGUM,
Petitioner,

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Case No. 2:14-cv-01328-RAJ
ORDER

v.

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DONALD HOLBROOK,

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Respondent.

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This matter comes before the Court on Respondent Donald Holbrook’s Motion to

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Stay the Writ of Habeas Corpus Pending Appeal. Dkt. # 176. On June 18, 2020, this

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Court entered an Order granting Petitioner Marlow Todd Eggum’s Second Amended

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Habeas Petition. Dkt. # 175. In that Order, the Court vacated two of Mr. Eggum’s

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convictions and ordered his release unless he were resentenced on the remaining

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convictions within 15 days of the Order, resulting in a release date of July 3, 2020. Id.

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On June 30, 2020, Respondent filed a motion to stay the writ pending appeal, which he

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noted for consideration on the motion calendar on July 10, 2020. Dkt. # 176. On the

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same day, Respondent filed a Notice of Appeal for the Ninth Circuit. Dkt. # 177. Last

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Friday, July 3, 2020, Mr. Eggum was, in fact, released pursuant to this Court’s Order.
ORDER - 1

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According to the Local Rules of practice for civil proceedings before the United

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States District Court for the Western District of Washington, a motion will not be ripe for

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consideration by the Court until its noting date. LCR 7(d). Respondent’s motion to stay

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Mr. Eggum’s release from incarceration, noted for July 10, 2020, was not ripe for

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consideration until after Mr. Eggum had been released from custody on July 3, 2020.

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The filing of a motion to stay pending appeal does not absolve parties of their obligation

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to comply with the Court’s Order. As filed, Respondent’s request for relief could not be

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considered before July 10, 2020. Given that Mr. Eggum has already been released, the

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motion to stay habeas relief is now denied as moot.

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For the reasons stated above, the Court DENIES Respondent Donald Holbrook’s
Motion to Stay the Writ Pending Appeal. Dkt. # 176.

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DATED this 10th day of July, 2020.

A

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The Honorable Richard A. Jones
United States District Judge

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ORDER - 2