SaintCalle v. Uttecht

Filing 22

ORDER granting Petitioner's 21 Motion to amend habeas petition. Amended petition due within 14 days of this order; answer due within 45 days of order and noted for 4th Friday after filing. Signed by Hon. Mary Alice Theiler. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KIRK SAINTCALLE,
Petitioner,

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Case No. C15-0156-BJR-MAT
ORDER GRANTING PETITIONER’S
MOTION TO AMEND HABEAS
PETITION

v.
DANIEL WHITE,
Respondent.

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This is a 28 U.S.C. § 2254 habeas action. Petitioner has moved for leave to file an amended

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habeas petition. Dkt. 21. Respondent did not file an opposition brief. Having considered

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petitioner’s motion, the balance of the record, and the governing law, the Court finds and

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ORDERS:

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(1)

Petitioner’s motion to amend his habeas petition, Dkt. 21, is GRANTED.

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(2)

Petitioner shall file his amended petition within 14 days of the date of this Order.

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(3)

Respondent shall file his answer within 45 days of the date of this Order. As part

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of such answer, respondent shall state whether petitioner has exhausted available state remedies

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and whether an evidentiary hearing is necessary.

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(4)

The answer will be treated in accordance with LCR 7. Accordingly, on the face of

ORDER GRANTING PETITIONER’S
MOTION TO AMEND HABEAS
PETITION - 1

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the answer, respondent shall note it for consideration on the fourth Friday after filing. Petitioner

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may file a response not later than the Monday immediately preceding the Friday designated for

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consideration of the matter, and respondent may file a reply not later than the noting.

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(5)

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

Barbara J. Rothstein.
Dated this 22nd day of June, 2017.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER GRANTING PETITIONER’S
MOTION TO AMEND HABEAS
PETITION - 2