Melendrez v. Gilbert

Filing 21

ORDER granting Petitioner's 19 Unopposed Motion to Stay ; directing respondent and petitioner each to file a status report with Magistrate Judge Brian A. Tsuchida every one hundred twenty (120) days, beginning one hundred twenty (120) days from the date of this order ; all pending deadlines are stricken, and respondent need not file an Answer to the petition until forty-five (45) days after the stay of proceedings is lifted, signed by Hon. Brian A Tsuchida.(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VINCENT PAUL MELENDREZ,
Petitioner,

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CASE NO. C17-984 RAJ-BAT
ORDER GRANTING
PETITIONER’S UNOPPOSED
MOTION TO STAY

v.
MARGARET GILBERT,
Respondent.

Pro se petitioner Vincent Paul Melendrez, proceeding in forma pauperis, moves to stay

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and abey his federal habeas proceedings based on his attempt to exhaust state-court remedies in a

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soon-to-be filed state personal restraint petition (“PRP”). Dkt. 19. Respondent does not oppose

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petitioner’s motion to stay. Dkt. 20.

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The Court finds that petitioner has demonstrated good cause for staying the present

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matter as a protective petition contemplated in Pace v. DiGuglielmo, 544 U.S. 408, 416 (2005).

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The Court therefore GRANTS petitioner’s unopposed motion to stay the proceedings until his

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state-court PRP proceeding is completely adjudicated. Dkt. 19. The Court directs respondent

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and petitioner each to file a status report with Magistrate Judge Brian A. Tsuchida every

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one hundred twenty (120) days, beginning one hundred twenty (120) days from the date of

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this Order. All pending deadlines are stricken, and respondent need not file an Answer to the

ORDER GRANTING PETITIONER’S
UNOPPOSED MOTION TO STAY - 1

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federal habeas petition until forty-five (45) days after the stay of proceedings is lifted.
The Clerk is directed to send copies of this Order to petitioner and to the Honorable
Richard A. Jones.
DATED this 12th day of October, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING PETITIONER’S
UNOPPOSED MOTION TO STAY - 2