Kaufman v. Vail

Filing 22

ORDER denying 16 Motion to transfer the petition from 11-5534BHS/KLS into this action as a supplement to the oiriginal petition; granting 17 Motion to Substitute; Pat Glebe added. Eldon Vail terminated. Petitioner is directed to file an amended petition by 10/28/2011. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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STEPHEN DOUGLAS KAUFMAN,
Petitioner,

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v.
PAT GLEBE.
Respondent.

CASE NO. 10-5445RJB/JRC
ORDER REGARDING A MOTION
TO TRANSFER A DOCUMENT
INTO THIS ACTION AND A
MOTION TO SUBSTITUTE A NEW
RESPONDENT

This 28 U.S.C. §2254 habeas corpus petition has been referred to the undersigned
Magistrate Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate

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Judge Rules MJR 1, MJR 3, and MJR 4. Petitioner is represented by counsel. This action
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was stayed on August 5, 2010 (ECF No. 4). That order specifically directed counsel to
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file a motion to reopen the case when the state court proceedings were complete. Counsel
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did not comply with the court’s instructions and instead filed a separate petition under
cause number 11-05534BHS/KLS. The second petition apparently raised grounds for

23 relief that were not included in the original petition.
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ORDER REGARDING A MOTION TO
TRANSFER A DOCUMENT INTO THIS ACTION
AND A MOTION TO SUBSTITUTE A NEW
RESPONDENT - 1

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Petitioner then moved to consolidate the actions. The Court granted the motion to

2 consolidate (ECF No. 8). Petitioner now asks the court to transfer the petition from 113 5534BHS/KLS into this action as a supplement to the original petition (ECF No. 16).
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Respondent does not oppose the motion (ECF No. 18). The motion is DENIED. Neither
the court nor respondent’s counsel should have to refer to multiple documents to

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determine what grounds for relief are before the court.
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Petitioner is directed to file an amended petition that contains all grounds for relief
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in one document. The amended petition will act as a complete substitute and not an
addendum to the original petition. The amended petition will be due on or before

11 October 28, 2011. The amended petition will be titled “First Amended Petition.” Failure
12 to file the document on or before October 28, 2011 will result in a Report and
13 Recommendation that the petition be dismissed.
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Petitioner has also moved to substitute Pat Glebe as respondent (ECF No. 17).

15 Again, the motion is unopposed (ECF No. 19. That motion is GRANTED.
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Dated this 28th day of September, 2011.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER REGARDING A MOTION TO
TRANSFER A DOCUMENT INTO THIS ACTION
AND A MOTION TO SUBSTITUTE A NEW
RESPONDENT - 2

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ORDER REGARDING A MOTION TO
TRANSFER A DOCUMENT INTO THIS ACTION
AND A MOTION TO SUBSTITUTE A NEW
RESPONDENT - 3