Archaga-Reyes v. Warner

Filing 14

ORDER granting Petitioner's 6 Motion to Stay and Abey Federal Habeas Proceedings. This action is STAYED pending resolution of Petitioner's state court proceedings. Within thirty (30) days after a state court issues a mandate or certificat e of finality in the final state court proceeding addressing a federal ground for habeas relief, Petitioner shall file a motion to lift the stay in this action. The Court will thereafter lift the stay and Respondent will file and serve an answer in t his matter within forty-five (45) days of the dissolution of the stay. Petitioner is directed to file a report every one hundred and twenty (120) days informing the Court of the status of Petitioner's state court proceedings. The first status report is due on or before 7/24/2024, and shall include the state court cause numbers. Signed by Hon. S. Kate Vaughan. **2 PAGE(S), PRINT ALL** (Christian Archaga-Reyes, Prisoner ID: 391155) (SB)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 CHRISTIAN ARCHAGA-REYES, Petitioner, 9 10 v. 11 JACK WARNER, Case No. C24-0231-JHC-SKV ORDER GRANTING MOTION TO STAY AND DIRECTING STATUS UPDATES Respondent. 12 13 14 Petitioner, proceeding pro se and in forma pauperis in this habeas matter pursuant to 28 15 U.S.C. § 2254, moves to stay these proceedings until such time as he is able to exhaust his state 16 court remedies. Dkt. 6. Respondent does not oppose a stay for the purpose of allowing 17 Petitioner to attempt to exhaust his state court remedies. Dkt. 11. The Court now finds and 18 concludes as follows: 19 20 21 (1) The Motion to Stay and Abey Federal Habeas Proceedings, Dkt. 6, is GRANTED. This action is STAYED pending resolution of Petitioner’s state court proceedings. (2) Within thirty (30) days after a state court issues a mandate or certificate of 22 finality in the final state court proceeding addressing a federal ground for habeas relief, 23 Petitioner shall file a motion to lift the stay in this action. The Court will thereafter lift the stay ORDER GRANTING MOTION TO STAY AND DIRECTING STATUS UPDATES - 1 1 and Respondent will file and serve an answer in this matter within forty-five (45) days of the 2 dissolution of the stay. 3 (3) Petitioner is directed to file a report every one hundred and twenty (120) days 4 informing the Court of the status of Petitioner’s state court proceedings. The first status report is 5 due on or before July 24, 2024, and shall include the state court cause numbers. 6 (4) Petitioner is advised that failure to file a status report or to inform the Court of the 7 issuance of the above-described mandate or certificate of finality may result in dismissal of his 8 petition in this Court. 9 10 11 (5) The Clerk shall send a copy of this Order to the parties and to the Honorable John H. Chun. Dated this 26th day of March, 2024. 12 A 13 S. KATE VAUGHAN United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 ORDER GRANTING MOTION TO STAY AND DIRECTING STATUS UPDATES - 2

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