Mockovak v. Haynes

Filing 8

ORDER granting Respondent's 6 Motion for Extension of Time to Answer. Respondent shall file an answer to the habeas petition by no later thanAugust 14, 2018. Signed by Hon. James P. Donohue. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICHAEL E. MOCKOVAK,

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Petitioner,
v.

NO. C18-671-JLR-JPD
ORDER GRANTING
RESPONDENT’S MOTION FOR
EXTENSION OF TIME TO
ANSWER PETITION

RON HAYNES, Superintendent, Stafford
Creek Correctional Center,
Respondent.

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This matter comes before the Court upon respondent’s Motion for an Extension of
Time to File an Answer to the Petition. Dkt. 6. Specifically, on May 16, 2018, the Court
ordered service of petitioner’s habeas petition and directed respondent to answer the petition
within forty-five (45) days of service of the order and petition.
In the instant motion, respondent asserts that he is still waiting to receive files from the
Washington state courts pertaining to petitioner’s state court proceedings. Dkt. 7 (Chaplin
Decl.) at ¶¶ 4-5. Respondent asserts that “an extension of time is necessary to obtain the
remaining state court records, complete a review of the remaining files, and complete a proper
response to the habeas corpus petition.” Id. at ¶ 6.

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ORDER - 1

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Respondent’s motion for an extension of time to file an answer to the habeas petition,

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Dkt. 6, is GRANTED. Respondent shall file an answer to the habeas petition by no later than

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August 14, 2018. As discussed in the Court’s Service Order, the answer will be treated in

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accordance with LCR 7. Accordingly, on the face of the answer, respondent shall note it for

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consideration on the fourth Friday after filing. Petitioner may file and serve a response no

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later than the Monday immediately preceding the Friday designated for consideration of the

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matter, and respondent may file and serve a reply no later than the designated Friday.

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The Clerk is directed to send a copy of this Order to counsel for petitioner, counsel for
respondent, and the Honorable James L. Robart.
DATED this 9th day of July, 2018.

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A

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JAMES P. DONOHUE
United States Magistrate Judge

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ORDER - 2