Landsiedel v. Moen et al
ORDER granting Petitioner's 16 Motion to Lift Stay; directing respondents to file and serve an answer in this matter ninety (90) days from the date of this Order, signed by Hon. Mary Alice Theiler. (SWT) (cc Petitioner via USPS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C16-1421-RAJ-MAT
ORDER LIFTING STAY
JEFF MOEN, et al.,
Petitioner proceeds pro se in this habeas matter pursuant to 28 U.S.C. § 2254. Petitioner
now requests that the Court lift the stay in this matter given the completion of state court
proceedings. (Dkt. 16.)
Respondents agree the state court proceedings are complete, but note that the Washington
Court of Appeals has not yet issued a certificate of finality. (Dkt. 17.) Respondents assert that,
in the absence of a certificate of finality, the state court matter technically remains active, and
respondents remain unable to obtain the state court files needed for the drafting of a response to
the habeas petition. Respondents request that, if the Court grants the motion to lift the stay, the
Court also provide for an extended deadline of at least sixty days to allow for the issuance of the
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certificate of finality.
The Court, having reviewed petitioner’s motion, the response, and the record as a whole,
finds and concludes as follows:
Petitioner’s motion to lift the stay (Dkt. 16) is GRANTED. However, because the
certificate of finality has not yet issued in the state court matter, the Court finds an extended
deadline to respond to the habeas petition appropriate. In order to allow time for both the
issuance of a certificate of finality and the preparation of a response, the Court directs
respondents to file and serve an answer in this matter ninety (90) days from the date of this
Order. Respondents may seek an additional extension of that deadline if necessitated by delay in
the issuance of a certificate of finality.
Richard A. Jones.
The Clerk shall send a copy of this Order to the parties and to the Honorable
DATED this 5th day of October, 2017.
Mary Alice Theiler
United States Magistrate Judge
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