Thorson v. United States of America

Filing 19

ORDER granting Petitioner's 17 Motion to Lift Stay. Respondent's Answer to the 1 2255 Motion due within 45 days of this order. Response to be noted for the fourth Friday after filing. Signed by Judge Ricardo S. Martinez.(PM) cc: Petitioner via first class mail

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

ROBERT D. THORSON,

9
10

Petitioner,
v.

CASE NO. C18-136 RSM
ORDER GRANTING MOTION TO LIFT
STAY AND SETTING BRIEFING
SCHEDULE

11
12

UNITED STATES OF AMERICA,
Respondent.

13
14
15
16

This matter is before the Court on Petitioner’s Motion to Lift Stay. Dkt. #17. This matter
was stayed on April 11, 2018, pending resolution of Petitioner’s direct appeal. Dkt. #9.

17

Petitioner indicates that the direct appeal “has been resolved” and that “Petitioner is ready to

18

proceed in a timely fashion with his § 2255” petition. Dkt. #17. Petitioner requests, and has

19

previously requested, an opportunity to amend his § 2255 Petition.

20

Respondent likewise indicates that Petitioner’s direct appeal is resolved. Dkt. #18. Respondent

21
22
23
24

Dkts. #15 and #17.

does not oppose Petitioner’s request to lift the stay and requests that the Court set a briefing
schedule. Id.
Accordingly, the Court finds and ORDERS that:

25

1. Petitioner’s Motion to Lift Stay (Dkt. #17) is GRANTED.

26

2. The Court sets the following briefing schedule:

27
ORDER – 1

1
2

a. Petitioner shall file an amended petition within forty-five days of the date of this
Order.

3

b. Respondent shall respond, in accordance with the Rules Governing Section 2255

4

Cases in United States District Courts, within forty-five days of the date Petitioner’s

5
6

amended petition is entered on the docket. On the face of its Answer, Respondent
shall note this matter for consideration on the fourth Friday following the filing of the

7
8
9

Answer and the Clerk shall note the matter on the Court’s docket accordingly.
c. Petitioner may file a Reply to the Answer no later than the noting date.

10

3. The Clerk of the Court is directed to mail a copy of this Order to Robert D. Thorson,

11

No. 48042-086, FCI-Sheridan, Federal Correctional Institution, P.O. Box 5000, Sheridan,

12

OR 97378.

13

DATED this 14th day of February 2019.

14

A

15
16

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
ORDER – 2