Zellmer v. Donald R. Holbrook

Filing 15

ORDER granting Petitioner's 13 Unopposed MOTION to stay and abey habeas petition. Petitioner shall, on six month intervals beginning 6 months from the date of this Order, advise the Court in writing of the status of the two state appeals. Within 10 days of finality for either appeal, petitioner shall advise the Court of the fact of that appeal's termination. Signed by Hon. Brian A Tsuchida. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOEL ZELLMER,
Petitioner,

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v.
DONALD R. HOLBROOK,

CASE NO. C17-1776 RSM-BAT
ORDER GRANTING
PETITIONER’S UNOPPOSED
MOTION TO STAY

Respondent.

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Petitioner filed an unopposed motion to stay and abey the habeas petition to permit

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petitioner and King County to complete their litigation over disputed public record requests. Dkt.

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13. A stay and abeyance of this matter will allow the State of Washington to review and exhaust

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petitioner’s claims that prosecution authorities gained improper access to protected attorney-

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client communications, exploited this access, and thereby affected his defense at the state trial.

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The Court finds that it is in the interest of justice to GRANT petitioner’s motion to stay.

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(1)

This matter is hereby STAYED.

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(2)

Petitioner shall, on six month intervals beginning 6 months from the date of this

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Order, confer with opposing counsel and advise the Court in writing of the status

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of the two state appeals.

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(3)

Within 10 days of finality for either appeal, petitioner shall advise the Court of

ORDER GRANTING PETITIONER’S
UNOPPOSED MOTION TO STAY - 1

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the fact of that appeal’s termination.
DATED this 2nd day of February, 2018.

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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