Rook v. Holbrook

Filing 39

ORDER Setting Due Date for Petitioner's Reply and Renoting Response. The Court orders that Petitioner shall advise the Court by 8/30/2019, whether the federal habeas proceedings should remain stayed because petitioner intends to file a PRP in th e state courts based upon the Morretti decision. If petitioner advises that a PRP will not be filed, then petitioner is directed to file a reply brief in opposition to the response filed herein at Dkt. 24 no later than 9/23/2019. The clerk shall renote the response, Dkt. 24 , for 9/27/2019. Signed by Hon. Brian A Tsuchida. (TH)

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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 SETTING DUE DATE FOR
PETITIONER’S REPLY AND
RENOTING RESPONSE

v.
DONALD HOLBROOK,
Respondent.

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CASE NO. C18-233 JCC-BAT

On June 10, 2019, the Court granted petitioner’s motion to stay the federal habeas

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proceedings pending a decision by the Washington State Supreme Court in State v. Moretti,

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No.95263-9. Dkt. 36. Petitioner requested the stay contending the Moretti decision may provide

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grounds to file a state court personal restraint petition (PRP) challenging the constitutionality of

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his sentence.

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On August 22, 2019, petitioner filed a notice that the Washington State Supreme Court

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decided State v. Moretti, No. 95263-9. Dkt. 38. Moretti holds a life-without-parole sentence

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based upon a first strike committed in late adolescence and early-adulthood does not

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categorically violate the Washington Constitution which is more protective than the United

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States Constitution. Because this matter was stayed pending the outcome of the Morretti appeal,

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the Court ORDERS:
ORDER SETTING DUE DATE FOR
PETITIONER’S REPLY AND RENOTING
RESPONSE - 1

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(1)

Petitioner shall advise the Court by August 30, 2019, whether the federal habeas

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proceedings should remain stayed because petitioner intends to file a PRP in the state courts

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based upon the Morretti decision.

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(2)

If petitioner advises that a PRP will not be filed, then petitioner is directed to file

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a reply brief in opposition to the response filed herein at Dkt. 24. The reply brief will be due no

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later than September 23, 2019.

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(3)

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DATED this 23rd day of August,2019.

The clerk shall renote the response, Dkt. 24, for September 27, 2019.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER SETTING DUE DATE FOR
PETITIONER’S REPLY AND RENOTING
RESPONSE - 2