Rishor v. USA

Filing 11

ORDER Re: Stay of Motion to Appoint Counsel & Reply Brief Deadline. The Court requests reply briefing from Petitioner on the Government's "second successive petition" argument; said reply briefing to be filed by no later than August 31, 2018. Signed by Judge Marsha J. Pechman. (TH) (cc: Petitioner via first class mail)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KIRK RISHOR,
Petitioner,

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CASE NO. C18-708 MJP

v.

ORDER RE: STAY OF MOTION
TO APPOINT COUNSEL & REPLY
BRIEF DEADLINE

UNITED STATES OF AMERICA,
Respondent.

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In an Order on Motion to Expand the Record, the Court denied Petitioner’s request but

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indicated that it would entertain a motion from Petitioner to appoint counsel to assist him in

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assembling the record in support of his current petition. (Dkt. No. 6 at 2.) Petitioner has since

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filed that request. (See Dkt. No. 8, Motion for Appointment of Counsel.)

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Since that time, the Government has filed its Response to Defendant’s Motion Pursuant

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to 28 USC § 2255. (Dkt. No. 10.) The Government interposes a procedural objection to the

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petition; essentially, that “the present 2255 motion is Rishor’s second motion filed pursuant to

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the Court [sic] to 28 U.S.C. § 2255… and must be dismissed as Rishor has not obtained the

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ORDER RE: STAY OF MOTION & REPLY BRIEFING DEADLINE - 1

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necessary Ninth Circuit approval to file a second 2255 motion.” (Id. at 1; emphasis in original.)

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If this argument is successful, it will dispose of Mr. Rishor’s matter before this Court until such

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time as he obtains the permission of the Ninth Circuit Court of Appeals to pursue his petition.

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With that in mind, and in light of the fact that Petitioner does not require the records he

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has requested in order to respond to this legal, procedural argument made by the Government, it

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is the Court’s intention to:

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1. STAY the motion to appoint counsel until such time as a ruling on the Government’s
dismissal request issues.
2. Request reply briefing from Petitioner on the Government’s “second successive
petition” argument; said reply briefing to be filed by no later than August 31, 2018.

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It is so ordered.

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The clerk is ordered to provide copies of this order to Petitioner and to all counsel.

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Dated July 27, 2018.

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A
The Honorable Marsha J. Pechman
United States Senior District Court Judge

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ORDER RE: STAY OF MOTION & REPLY BRIEFING DEADLINE - 2