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 certificate 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 this 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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CHRISTIAN ARCHAGA-REYES,
Petitioner,

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v.

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JACK WARNER,

Case No. C24-0231-JHC-SKV
ORDER GRANTING MOTION TO
STAY AND DIRECTING STATUS
UPDATES

Respondent.

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Petitioner, proceeding pro se and in forma pauperis in this habeas matter pursuant to 28

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U.S.C. § 2254, moves to stay these proceedings until such time as he is able to exhaust his state

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court remedies. Dkt. 6. Respondent does not oppose a stay for the purpose of allowing

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Petitioner to attempt to exhaust his state court remedies. Dkt. 11. The Court now finds and

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concludes as follows:

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(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

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finality in the final state court proceeding addressing a federal ground for habeas relief,

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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

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and Respondent will file and serve an answer in this matter within forty-five (45) days of the

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dissolution of the stay.

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(3)

Petitioner is directed to file a report every one hundred and twenty (120) days

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informing the Court of the status of Petitioner’s state court proceedings. The first status report is

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due on or before July 24, 2024, and shall include the state court cause numbers.

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(4)

Petitioner is advised that failure to file a status report or to inform the Court of the

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issuance of the above-described mandate or certificate of finality may result in dismissal of his

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petition in this Court.

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(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.

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A

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S. KATE VAUGHAN
United States Magistrate Judge

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ORDER GRANTING MOTION TO STAY AND
DIRECTING STATUS UPDATES - 2