Landsiedel v. Moen et al

Filing 18

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)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 NICHOLAS LANDSIEDEL, Petitioner, 10 11 CASE NO. C16-1421-RAJ-MAT v. ORDER LIFTING STAY 12 JEFF MOEN, et al., Respondents. 13 14 15 Petitioner proceeds pro se in this habeas matter pursuant to 28 U.S.C. § 2254. Petitioner 16 now requests that the Court lift the stay in this matter given the completion of state court 17 proceedings. (Dkt. 16.) 18 Respondents agree the state court proceedings are complete, but note that the Washington 19 Court of Appeals has not yet issued a certificate of finality. (Dkt. 17.) Respondents assert that, 20 in the absence of a certificate of finality, the state court matter technically remains active, and 21 respondents remain unable to obtain the state court files needed for the drafting of a response to 22 the habeas petition. Respondents request that, if the Court grants the motion to lift the stay, the 23 Court also provide for an extended deadline of at least sixty days to allow for the issuance of the ORDER PAGE - 1 1 2 3 4 certificate of finality. The Court, having reviewed petitioner’s motion, the response, and the record as a whole, finds and concludes as follows: (1) Petitioner’s motion to lift the stay (Dkt. 16) is GRANTED. However, because the 5 certificate of finality has not yet issued in the state court matter, the Court finds an extended 6 deadline to respond to the habeas petition appropriate. In order to allow time for both the 7 issuance of a certificate of finality and the preparation of a response, the Court directs 8 respondents to file and serve an answer in this matter ninety (90) days from the date of this 9 Order. Respondents may seek an additional extension of that deadline if necessitated by delay in 10 the issuance of a certificate of finality. 11 (2) 12 Richard A. Jones. 13 The Clerk shall send a copy of this Order to the parties and to the Honorable DATED this 5th day of October, 2017. 14 A 15 Mary Alice Theiler United States Magistrate Judge 16 17 18 19 20 21 22 23 ORDER PAGE - 2

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