Nguyen v. Glebe

Filing 14

ORDER granting petitioner's 5 Motion to Stay Habeas Corpus Petition Pending Resolution of Unexhausted Claims in the Washington Supreme Court; 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) cc: Petitioner via USPS

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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QUY DINH NGUYEN,
Petitioner,

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Case No. C17-1338-JCC-JPD
ORDER GRANTING MOTION TO
STAY

v.
PATRICK R GLEBE,
Respondent.

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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. 5. Respondent concurs with

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the motion. Dkt. 13. Having reviewed the parties’ submissions, the governing law, and the

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balance of the record, the Court finds and ORDERS:

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(1)

Petitioner’s amended motion to stay, Dkt. 5, is GRANTED. The pending state

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

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

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

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addition, neither party will be prejudiced by the stay.

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ORDER GRANTING MOTION TO STAY
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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 John C. Coughenour.
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 MOTION TO STAY
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