Winchester v. Obenland et al

Filing 22

ORDER granting petitioner's 15 Amended Motion to Stay and Abey; petitioner and respondent are directed to notify this Court within 30 days after final resolution of petitioner's state post-conviction proceedings, signed by Hon. James P. Donohue. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JEREMIAH LANCE WINCHESTER,
Petitioner,

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Case No. C17-1136-RSL-JPD
ORDER GRANTING AMENDED
MOTION TO STAY AND ABEY
FEDERAL PROCEEDINGS

v.
OBENLAND, et al.,
Respondents.

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This is a 28 U.S.C. § 2254 habeas action. Petitioner moves to stay this action pending

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resolution of his pending state court personal restraint petition. Dkt. 15. Respondent does not

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object to the motion. Dkt. 21. Having reviewed the parties’ submissions, the governing law, and

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the balance of the record, the Court finds and ORDERS:

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(1)

Petitioner’s amended motion to stay and abey, Dkt. 15, is GRANTED. The

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pending state court proceedings may be relevant to the issues of timeliness under the federal

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statute of limitations, exhaustion of state remedies, and the merits of petitioner’s federal habeas

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corpus petition. Therefore, the state court proceedings must be resolved before the instant

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action. In addition, neither party will be prejudiced by the stay.

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ORDER GRANTING AMENDED
MOTION TO STAY AND ABEY
FEDERAL PROCEEDINGS - 1

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(2)

Both petitioner and respondent are directed to notify this Court within 30 days

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after final resolution of petitioner’s state post-conviction proceedings. At that time, the Court

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will lift the stay on the instant habeas action. The parties shall also report to this Court every 120

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days on the status of petitioner’s state post-conviction proceedings.

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(3)

The Clerk is directed to send copies of this order to the parties and to the

Honorable Robert S. Lasnik.
Dated this 3rd day of January, 2018.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER GRANTING AMENDED
MOTION TO STAY AND ABEY
FEDERAL PROCEEDINGS - 2