Nguyen v. Uttecht

Filing 73

ORDER by Hon. James P. Donohue granting petitioner an additional two weeks to file an optional reply brief to respondent's Answer 70 71 . Petitioner's optional reply brief due 5/19/2017; Petitioner's habeas petition is RE-NOTED for 5/19/2017. **2 PAGE(S), PRINT ALL**(Hung Nguyen, Prisoner ID: 748016)(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 HUNG VAN NGUYEN,

Petitioner,

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CASE NO. C16-1711-JCC-JPD

v.

ORDER GRANTING PETITIONER
TIME TO REPLY AND RENOTING HABEAS PETITION

11 JEFFREY UTTECHT,
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Respondent.

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This is a federal habeas action filed under 28 U.S.C. § 2254. The Court has reviewed

15 petitioner’s April 25, 2017 Objections to the Order Directing Respondent to File a Second
16 Answer, Dkt. 68, as well as Judge Coughenour’s Minute Order overruling those objections, Dkt.
17 72. Petitioner asserts that he should have been allowed an opportunity to reply to the Second
18 Answer. Dkt. 68 at 2. As Judge Coughenour indicated in his Minute Order, “[t]he appropriate
19 way for Nguyen to address this is to file a motion . . . requesting additional time to reply to the
20 amended answer.” Dkt. 72 at 1. Although to date, petitioner has not done so, the Court
21 nevertheless shall GRANT petitioner an additional two weeks to file an optional reply brief to
22 respondent’s April 27, 2017 Answer. Dkt. 70.
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ORDER GRANTING PETITIONER
TIME TO REPLY AND RE-NOTING
HABEAS PETITION - 1

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Accordingly, petitioner shall file his optional reply brief by no later than Friday, May

2 19, 2017. The Clerk of the Court is also directed to RE-NOTE petitioner’s habeas petition for
3 consideration on May 19, 2017.
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DATED this 4th day of May, 2017.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER GRANTING PETITIONER
TIME TO REPLY AND RE-NOTING
HABEAS PETITION - 2