Little v. Haynes

Filing 23

ORDER granting Respondent's 20 Motion for Extension of Time to Answer: Respondent shall file his Answer to Petitioner's habeas petition on or before 12/18/2020. Signed by Hon. Michelle L. Peterson.**2 PAGE(S), PRINT ALL**(Nicholas Little, Prisoner ID: 383972)(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NICHOLAS STERLING LITTLE,
Petitioner,

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v.

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Case No. C20-1071-TSZ-MLP

ORDER GRANTING MOTION FOR
EXTENSION OF TIME

RONALD HAYNES,
Respondent.

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This matter is before the Court on Respondent’s Second Motion for an Extension of Time

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to File Answer. (Dkt. # 20.) Respondent was previously granted an extension of time to file

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answer because he had not received the state court record from the Washington state courts by

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the previous deadline. (Dkt. ## 12, 14.) Respondent now submits that he has received court files

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from the Washington Supreme Court but requests a 35-day extension of time in order to receive

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court files from the Washington Court of Appeals. (Dkt # 21 at ¶ 5.) Petitioner objects to this

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Court granting Respondent an additional extension and argues that Respondent is engaging in

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“dilatory tactics.” (Dkt. # 22.)

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Here, Respondent has reasonably articulated that he has been unable to file an answer
because he has not received the court files necessary to compile the state court record. (See dkt.

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# 21 at ¶ 5.) Pursuant to Rule 5 of the Rules Governing Section 2254 Cases in United States

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District Courts, the compilation of the state court record is necessary in order for Respondent to

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file an answer.

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Accordingly, finding good cause, the Court GRANTS Respondent’s Second Motion for

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an Extension of Time to File Answer (dkt. # 20). Respondent shall file his Answer to Petitioner’s

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habeas petition on or before December 18, 2020. The Clerk is directed to send copies of this

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Order to the parties and to the Honorable Thomas S. Zilly.

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Dated this 12th day of November, 2020.

A

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MICHELLE L. PETERSON
United States Magistrate Judge

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ORDER GRANTING MOTION FOR
EXTENSION OF TIME - 2