Nguyen v. Glebe

Filing 16

ORDER VACATING STAY and Setting Briefing Schedule. The stay entered on January 3, 2018, Dkt. 14 , is VACATED. Within forty-five (45) days of the date of this Order, respondent shall file and serve an answer. Signed by Hon. James P. Donohue. (TH) (cc: Petitioner via first class mail)

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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 VACATING STAY AND
SETTING BRIEFING SCHEDULE

v.
ROBERT FERGUSON, et al.,
Respondents.

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This is a 28 U.S.C. § 2254 habeas action. On January 3, 2018, the Court stayed this

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action pending resolution of petitioner’s pending state-court action. Dkt. 14. The parties have

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informed the Court that petitioner’s state-court action has concluded. Dkt. 15. Accordingly, the

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Court finds and ORDERS:

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(1)

The stay entered on January 3, 2018, Dkt. 14, is VACATED.

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(2)

Within forty-five (45) days of the date of this Order, respondent shall file and

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serve an answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United

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States District Courts. As part of such answer, respondent shall state whether petitioner has

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exhausted available state remedies and whether an evidentiary hearing is necessary. Respondent

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shall not file a dispositive motion in place of an answer without first showing cause as to why an

ORDER VACATING STAY AND
SETTING BRIEFING SCHEDULE - 1

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answer is inadequate. Respondent shall file the answer with the Clerk of the Court and serve a

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copy of the answer on petitioner.

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The answer will be treated in accordance with LCR 7. Accordingly, on the face of the

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answer, respondent shall note it for consideration on the fourth Friday after filing. Petitioner

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may file and serve a response not later than the Monday immediately preceding the Friday

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designated for consideration of the matter, and respondent may file and serve a reply not later

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than the Friday designated for consideration of the matter.

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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 14th day of May, 2018.

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A

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JAMES P. DONOHUE
United States Magistrate Judge

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ORDER VACATING STAY AND
SETTING BRIEFING SCHEDULE - 2