Oakes v. Holbrook

Filing 9

ORDER granting Petitioner's 4 Motion to Stay and Abey. These proceedings will be held in abeyance pending resolution of Petitioner's pending state court proceedings. Signed by Hon. Michelle L. Peterson.(LH)

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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 GRANTING MOTION TO
STAY AND ABEY

v.

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Case No. C20-996-JCC-MLP

DONALD R. HOLBROOK,
Respondent.

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Currently before the Court is Petitioner’s motion to stay and abey this 28 U.S.C. § 2254

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habeas action while he exhausts his state court remedies. (Dkt. # 4.) Respondent does not object

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to the request. (Dkt. # 8.) For the reasons stated in the parties briefing, the Court agrees that

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staying this action is proper under the circumstances. Accordingly, the Court finds and

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ORDERS:

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(1)

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will be held in abeyance pending resolution of Petitioner’s pending state court proceedings.

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Petitioner’s motion to stay and abey (dkt. # 4) is GRANTED. These proceedings

(2)

Petitioner shall file a status report regarding his state court proceedings every 180

days.

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ORDER GRANTING MOTION TO STAY
AND ABEY - 1

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(3)

Petitioner shall notify the Court and move to lift the stay within 30 days of the

final resolution of his state court proceedings.
(4)

The Clerk is directed to statistically close this case and to send copies of this order

to the parties and to the Honorable John C. Coughenour.
Dated this 12th day of August, 2020.

A

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MICHELLE L. PETERSON
United States Magistrate Judge

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ORDER GRANTING MOTION TO STAY
AND ABEY - 2