Kaufman v. Vail

Filing 4

ORDER granting 3 Motion for Stay and Abeyance, Directing Counsel to file motion to re-open the case, and administratively closing the file. Within 20 day of termination of the state court proceedings that are currently pending, counsel should file motion to re-open the case under this cause number and reference this order in that motion. Signed by Magistrate Judge J Richard Creatura.(CMG)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The underlying Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 has been referred to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b) (1) (A) and (B), and Local Magistrate Judge's Rule MJR3 and MJR4. Petitioner is represented by counsel. The petition was filed only days before the federal one-year statute of limitations would have run. Counsel explains that he filed the petition to preserve the filing date. He has filed a personal restraint petition in state court to attempt to exhaust a number of claims. He asks this court to hold this petition in abeyance pending the conclusion of the personal restraint petition proceedings. (Dkt. # 3). v. ELDON VAIL, Respondent. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA STEPHAN DOUGLAS KAUFMAN. Petitioner, Case No. C10-5445RJB/JRC ORDER HOLDING THE PETITION IN ABEYANCE, DIRECTING COUNSEL TO FILE A MOTION TO RE-OPEN THE CASE, AND ADMINISTRATIVELY CLOSING THE FILE

ORDER - 1

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Petitioner has shown good cause to hold this action in abeyance. The motion is GRANTED. Rather than having the case appear on the court's calendar for several months, the most efficient way to proceed is to administratively close this case. Within 20 days of termination of the state court proceedings that are currently pending counsel should file a motion to re-open the case under this cause number and reference this order in that motion. The clerk is directed to administratively close this action. DATED this 5th day of August, 2010.

A
J. Richard Creatura United States Magistrate Judge

ORDER - 2