Lamb v. Monroe Prison

Filing 24

MINUTE ORDER re Order to Show Cause 21 . The Court is satisfied that respondent attempted to comply with the Court's directives and, thus, that sanctions are not warranted. Accordingly, petitioner's amended federal habeas petition (Dkt. 5 ) is deemed ripe for consideration. The Clerk directed to re-note respondent's Answer 14 to 9/29/2017, signed by Hon. James P. Donohue. **2 PAGE(S), PRINT ALL**(Brodie Lamb, Prisoner ID: 337609)(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BRODIE M. LAMB,
Petitioner,

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Case No. C17-319-RAJ-JPD

v.
MINUTE ORDER
MICHAEL OBENLAND,
Respondent.

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The following Minute Order is made by direction of the Court, the Honorable James P.
Donohue, United States Magistrate Judge:
On September 15, 2017, this Court issued an Order directing respondent to show cause

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why sanctions should not be imposed for his failure to respond to a prior Order directing him to

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submit all relevant portions of the state court record. (See Dkt. 21.) Respondent filed a response

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to the Order to Show Cause on September 28, 2017, explaining that he had twice shipped the

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state court record documents to this Court, once on July 5, 2017 and once on September7, 2017,

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and that UPS tracking documents reflect both shipments were received by the Clerk. (See Dkt.

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22.) While neither the Clerk nor this Court were able to locate those shipments, the Court is

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MINUTE ORDER - 1

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satisfied that respondent attempted to comply with the Court’s directives and, thus, that sanctions

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are not warranted.

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Contemporaneously with his response to the Order to Show Cause, respondent

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resubmitted the relevant state court record to the Court and the documents are now in the Court’s

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possession. Accordingly, petitioner’s amended federal habeas petition (Dkt. 5) is deemed ripe

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for consideration as of Friday, September 29, 2017. The Clerk shall re-note respondent’s

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answer (Dkt. 14) on the calendar for consideration on that date.

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DATED this 6th day of October, 2017.
WILLIAM McCOOL, Clerk

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By s/ Tomas Hernandez
Deputy Clerk

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MINUTE ORDER - 2