Oakes v. Holbrook

Filing 37

ORDER granting Petitioner's 36 Motion for Leave to File Over-length Motions and Briefs. Petitioner's overlength surreply (dkt. # 35 ) is accepted as filed. Signed by Hon. Michelle L. Peterson. (SR)

Case 2:20-cv-00996-JCC-MLP Document 37 Filed 01/03/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICHIEL GLEN OAKES,
Petitioner,

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ORDER

v.

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Case No. C20-996-JCC-MLP

DONALD R. HOLBROOK,
Respondent.

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This is a federal habeas action brought under 28 U.S.C. § 2254. This matter is before the

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Court on Petitioner Michiel Glen Oakes’ Unopposed Motion for Leave to File Overlength

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Surreply (“Petitioner’s Motion”). (Dkt. # 36.) On December 6, 2021, this Court granted

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Petitioner leave to file a surreply addressing the time either included or excluded for the tolling

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of the federal statute of limitations to file a habeas petition. (Dkt. # 34.) Petitioner’s Motion

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requests that the Court grant leave to file a surreply in excess of the three-page limit authorized

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under Local Civil Rule 7(g)(3). 1 (Dkt. # 36 at 1-2.) Petitioner argues that leave is warranted due

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to this matter’s complicated procedural history. (Dkt. # 36 at 2.)

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Petitioner’s Motion does not articulate the specific number of pages requested in excess of the limit, as
required by LCR 7(g)(2). (See dkt. # 36 at 1-2.) Nevertheless, the Court notes a nine-page surreply was
filed concurrently with Petitioner’s Motion. (See dkt. # 35.)
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ORDER - 1

Case 2:20-cv-00996-JCC-MLP Document 37 Filed 01/03/22 Page 2 of 2

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Based on Petitioner’s Motion, and that Respondent has no opposition, the Court hereby

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ORDERS that Petitioner’s Motion (dkt. # 36) is GRANTED. Petitioner’s overlength surreply

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(dkt. # 35) is accepted as filed.

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Dated this 3rd day of January, 2022.

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A

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MICHELLE L. PETERSON
United States Magistrate Judge

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ORDER - 2