Kaufman v. Vail

Filing 8

ORDER granting 6 Motion to Consolidate Cases signed by Magistrate Judge Karen L Strombom. Case No. C11-5534 BHS/KLS shall be consolidated and all future pleadings shall bear the Case No. C10-5445 RJB/JRC. (MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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STEPHAN DOUGLAS KAUFMAN,
No. C11-5534 BHS/KLS
Petitioner,
v.

ORDER GRANTING MOTION TO
CONSOLIDATE

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PATRICK GLEBE,
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Respondent.

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Before the Court is the motion to consolidate of Petitioner Stephan Douglas Kaufman.

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ECF No. 2. Petitioner filed a petition for writ of habeas corpus pursuant to § 2254 on July 13,

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2011. ECF No. 1. Petitioner previously filed a similar habeas petition on June 25, 2010 with

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this Court. Case No. C10-5445 RJB/JRC. At Petitioner’s request, that proceeding was stayed

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and the case administratively closed while Petitioner concluded his State court proceeding. ECF

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No. 4 therein.
Petitioner reports that the State court proceeding has now concluded. ECF No. 2 herein.

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Petitioner moves to join the petition filed in Case No. C10-5445 with the petition filed herein,

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stating that the two proceedings involve the same subject matters and issues, with the second

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containing newly discovered evidence that has now been addressed and exhausted by the state

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courts. ECF No. 2, p. 3 herein. Petitioner filed a motion to lift stay and a similar motion to

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consolidate in Case No. C10-5445 (ECF Nos. 5 and 6).
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Accordingly, it is ORDERED:
(1)
ORDER - 1

Petitioner’s motion to consolidate (ECF No. 2) is GRANTED.

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(2)

This action shall be consolidated with Stephen Douglas Kaufman v. Eldon Vail,

No. C10-5445 RJB/JRC. All future pleadings shall bear the Case No. C10-5445 RJB/JRC.
(3)

The Clerk shall send copies of this Order to counsel for Petitioner and to

Magistrate Judge J. Richard Creatura.

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DATED this 19th day of July, 2010.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2