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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 KIRK SAINTCALLE, Petitioner, 9 10 11 Case No. C15-0156-BJR-MAT ORDER GRANTING PETITIONER’S MOTION TO AMEND HABEAS PETITION v. DANIEL WHITE, Respondent. 12 13 14 This is a 28 U.S.C. § 2254 habeas action. Petitioner has moved for leave to file an amended 15 habeas petition. Dkt. 21. Respondent did not file an opposition brief. Having considered 16 petitioner’s motion, the balance of the record, and the governing law, the Court finds and 17 ORDERS: 18 (1) Petitioner’s motion to amend his habeas petition, Dkt. 21, is GRANTED. 19 (2) Petitioner shall file his amended petition within 14 days of the date of this Order. 20 (3) Respondent shall file his answer within 45 days of the date of this Order. As part 21 of such answer, respondent shall state whether petitioner has exhausted available state remedies 22 and whether an evidentiary hearing is necessary. 23 (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 1 the answer, respondent shall note it for consideration on the fourth Friday after filing. Petitioner 2 may file a response not later than the Monday immediately preceding the Friday designated for 3 consideration of the matter, and respondent may file a reply not later than the noting. 4 5 6 (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. 7 A 8 Mary Alice Theiler United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER GRANTING PETITIONER’S MOTION TO AMEND HABEAS PETITION - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?