Giles v. Boe

Filing 8

ORDER granting petitioner's 4 Motion to Stay and Abey; directing petitioner to submit a report every 90 days while stay is in effect advising the Court of status of state court proceedings; further directing the petitioner to advise the Court within 30 days after issuance of certificate of finality whether federal habeas action is ready to proceed, signed by Hon. Mary Alice Theiler. **2 PAGE(S), PRINT ALL**(Danny Giles, Prisoner ID: 923602)(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DANNY GILES,
Petitioner,

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Case No. C18-0629-RAJ-MAT

v.
ORDER GRANTING PETITIONER’S
MOTION TO STAY AND ABEY

JERI BOE,
Respondent.

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This is a federal habeas action proceeding under 28 U.S.C. § 2254. This matter comes

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before the Court at the present time on petitioner’s motion to stay and hold in abeyance his federal

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habeas petition pending exhaustion in the state courts of several of his claims for federal habeas

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relief. Respondent has filed a response to petitioner’s motion in which she indicates that she does

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not oppose petitioner’s request. Based on the foregoing, the Court hereby ORDERS as follows:

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(1)

Petitioner’s motion to stay and abey his petition for writ of habeas corpus (Dkt. 4)

is GRANTED.
(2)

This action is STAYED pending completion of petitioner’s state court collateral

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proceedings. Petitioner is directed to submit a report every 90 days while the stay is in effect

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advising this Court of the status of the state court proceedings. Petitioner is further directed to
ORDER GRANTING PETITIONER’S
MOTION TO STAY AND ABEY - 1

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advise the Court within thirty days after issuance of the certificate of finality in his state court

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proceedings whether this federal habeas action is ready to proceed. Once petitioner has advised

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the Court that the stay may be lifted, the Court will set a briefing schedule for the parties.

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(3)

The Clerk is directed to send copies of this Order to petitioner, to counsel for

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respondent, and to the Honorable Richard A. Jones.

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DATED this 20th day of July, 2018.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER GRANTING PETITIONER’S
MOTION TO STAY AND ABEY - 2