Sitthivong v. Obenland

Filing 48

ORDER EXTENDING TIME: The Court hereby GRANTS IN PART petitioner's 46 request by providing him another 90-day extension of time in which to file objections. The Clerk of Court is directed to renote the 43 Report and Recommendation on the Court's calendar for 7/2/2021. Petitioner's objections, if any, are due on or before 6/17/2021. Signed by Judge Robert S. Lasnik.**2 PAGE(S), PRINT ALL**(Felix Sitthivong, Prisoner ID: 354579)(LH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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FELIX VINCENT SITTHIVONG,
Petitioner,

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ORDER EXTENDING TIME

v.

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Case No. C14-1876RSL

MIKE OBENLAND,
Respondent.

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This matter comes before the Court on petitioner’s request for a 364-day extension of

16 time in which to file objections to the Report and Recommendation of the Honorable Michelle
17 L. Peterson, United States Magistrate Judge, or for a stay until the “WSRU facility fully reopens
18 up.” 1 Dkt. # 46. Petitioner argues that COVID-19 related restrictions at his correctional facility
19 have made it impossible for him to get the legal assistance he needs in order to meet the deadline
20 to file objections. The Court has already granted petitioner one 90-day extension. Dkt. # 45.
21 Respondent does not oppose a “reasonable extension of time (e.g., something in the 60- to 9022 day range) for Sitthivong to file his objections,” but respondent contends that the full year
23 requested is not reasonable. Dkt. # 47. The Court agrees with respondent because the 364-day
24 extension or stay petitioner proposes is excessive in light of the likelihood that vaccination
25 progress will permit the relaxing of COVID-19 restrictions in advance of petitioner’s proposed
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The Court understands the “WRSU facility” to refer to the Washington State Reformatory unit
at the Monroe Correctional Complex, where petitioner is currently held. See Inmate Search, Department
28 of Corrections Washington State, https://www.doc.wa.gov/information/inmate-search/default.aspx (last
visited on April 5, 2021) (reflecting petitioner’s location as “Monroe Correctional Complex-WSR”).

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ORDER EXTENDING TIME - 1

1 timeline. 2 The Court hereby GRANTS IN PART petitioner’s request by providing him another
2 90-day extension of time in which to file objections. The Clerk of Court is directed to renote the
3 Report and Recommendation on the Court’s calendar for July 2, 2021. Petitioner’s objections, if
4 any, are due on or before June 17, 2021.
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DATED this 13th day of April, 2021.

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A
Robert S. Lasnik

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United States District Judge

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Petitioner’s correctional facility has a capacity of 2400 inmates. Monroe Correctional Complex
(MCC), Department of Corrections Washington State, https://www.doc.wa.gov/corrections/
27 incarceration/prisons/mcc.htm (last visited April 5, 2021). As of April 5, 2021, 1,160 staff and inmates
had received the first dose of the COVID-19 vaccination and 590 had received the second dose.
28 COVID-19 Vaccine Administration, Department of Corrections Washington State, https://www.doc.
wa.gov/corrections/covid-19/data-vaccines.htm#vaccine-by-facility (last visited April 5, 2021).
ORDER EXTENDING TIME - 2

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