Gonzales-Guzman v. Uttecht

Filing 30

ORDER granting Petitioner's 29 Motion to Dismiss: This federal habeas action is DISMISSED without prejudice. Signed by Judge Robert S. Lasnik. (MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SERGIO GONZALEZ-GUZMAN,
Petitioner,

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Case No. C15-1867-RSL

v.
ORDER GRANTING PETITIONER’S
MOTION TO DISMISS

JEFFERY A. UTTECHT,
Respondent.

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On August 26, 2015, Petitioner Sergio Gonzalez-Guzman filed a pro se petition for writ

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of habeas corpus under 28 U.S.C. § 2254 with the United States District Court for the Eastern

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District of Washington. (Dkt. # 1.) On November 17, 2015, the case was transferred to this

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District because Petitioner was seeking to challenge a King County Superior Court judgment.

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(Dkt. # 9.) After the case arrived in this District, counsel was appointed to represent Petitioner

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and a deadline was established for Petitioner’s newly appointed counsel to file an amended

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petition. (Dkt. # 14.) Prior to filing an amended petition, Petitioner’s counsel moved to stay and

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abey Petitioner’s federal habeas proceedings pending completion of anticipated state court

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collateral proceedings. (Dkt. # 17.)

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ORDER GRANTING PETITIONER’S
MOTION TO DISMISS - 1

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The Court thereafter ordered that Petitioner’s original petition and his motion to stay and

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abey be served on Respondent, and that Respondent file a response only to Petitioner’s motion to

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stay and abey. (Dkt. # 18.) Respondent indicated in his response to Petitioner’s motion that he

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did not oppose the requested stay and, on July 1, 2016, the Court issued an Order granting the

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motion and staying this action pending completion of Petitioner’s state court collateral

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proceedings. (Dkt. ## 22, 23.) Petitioner was subsequently directed to file a report every 180

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days advising the Court of the status of his state court proceedings. (Dkt. # 25.)

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On April 30, 2019, the Court received from Petitioner a status report and motion to
dismiss his federal habeas petition. (Dkt. # 29.) Petitioner’s counsel explains therein that

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Petitioner’s conviction was vacated by the King County Superior Court on September 20, 2018

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and a new trial date was set. (Id.) However, Petitioner has since been deported and is therefore

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unavailable to be brought to court for trial. (Id.) Counsel further explains that the Washington

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Court of Appeals has issued a mandate terminating its involvement in the case and it thus

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appears that Petitioner’s habeas petition is moot. (Id.)

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Though Petitioner’s federal habeas petition was served on Respondent, Respondent has

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never filed an answer or other responsive pleading. It is therefore appropriate to treat Petitioner’s

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motion as a request for voluntary dismissal and to terminate this action without seeking a

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response from Respondent. Accordingly, Petitioner’s motion to dismiss (dkt. # 29) is

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GRANTED and this federal habeas action is DISMISSED without prejudice.

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DATED this 23rd day of May, 2019.

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A
Robert S. Lasnik

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United States District Judge

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ORDER GRANTING PETITIONER’S
MOTION TO DISMISS - 2

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Recommended for Entry this
23rd day of May, 2019.

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s/Michelle L. Peterson
MICHELLE L. PETERSON
United States Magistrate Judge

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ORDER GRANTING PETITIONER’S
MOTION TO DISMISS - 3