Rook v. Holbrook

Filing 37

ORDER GRANTING 36 MOTION TO STAY signed by Hon. Brian A Tsuchida. Respondent's 24 RESPONSE IS RENOTED for 10/8/2019. (AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GUY ADAM ROOK,
Petitioner,

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ORDER GRANTING MOTION TO
STAY

v.
DONALD HOLBROOK,
Respondent.

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CASE NO. C18-233 JCC-BAT

Petitioner by counsel has filed a motion to stay the federal habeas proceedings pending a

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decision by the Washington State Supreme Court in State v. Moretti, No.95263-9. Dkt. 36.

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Petitioner contends the Moretti decision may provide grounds to file a personal restraint petition

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(PRP) in the state court that challenges the constitutionality of his sentence. In specific he argues

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that he is serving a life sentence under Washington’s Three-Strikes Sentencing Provisions, and

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that one of his strikes was committed when he was 20 years old. Id. at 2. He implies this strike is

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constitutionally invalid and that the issue will be fleshed out in the Moretti decision.

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Petitioner’s motion was filed on March 28, 2019 and was noted for June 7, 2019.
Respondent has not responded to the motion. The Court accordingly ORDERS:
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Petitioner’s motion to STAY the habeas proceedings herein is GRANTED.

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ORDER GRANTING MOTION TO STAY - 1

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2.

Petitioner shall file with the court a report every 120 days that apprises the court

of the status of the state proceedings.
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Petitioner shall immediately file notice with the court once state proceedings are

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concluded, or if petitioner decides not to file an PRP under Moretti so that the court can reset a

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schedule to address the federal habeas petition.

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4.

The Clerk shall renote Respondent’s Response (Dkt. 24) for October 8, 2019. If

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state proceedings are not concluded, the Clerk shall renote the response for 120 days following

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October 8, 2019, and every 120 days thereafter until state proceedings are finalized.

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DATED this 10th day of June, 2019.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING MOTION TO STAY - 2