Kaufman v. Glebe

Filing 3

ORDER granting 2 Motion to Consolidate Cases signed by Magistrate Judge Karen L Strombom. This action shall be consolidated and all future pleadings shall bear the Case No. C10-5445 RJB/JRC. (MET)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 8 STEPHAN DOUGLAS KAUFMAN, No. C11-5534 BHS/KLS Petitioner, v. ORDER GRANTING MOTION TO CONSOLIDATE 9 PATRICK GLEBE, 10 Respondent. 11 12 Before the Court is the motion to consolidate of Petitioner Stephan Douglas Kaufman. 13 ECF No. 2. Petitioner filed a petition for writ of habeas corpus pursuant to § 2254 on July 13, 14 2011. ECF No. 1. Petitioner previously filed a similar habeas petition on June 25, 2010 with 15 this Court. Case No. C10-5445 RJB/JRC. At Petitioner’s request, that proceeding was stayed 16 and the case administratively closed while Petitioner concluded his State court proceeding. ECF 17 18 19 No. 4 therein. Petitioner reports that the State court proceeding has now concluded. ECF No. 2 herein. 20 Petitioner moves to join the petition filed in Case No. C10-5445 with the petition filed herein, 21 stating that the two proceedings involve the same subject matters and issues, with the second 22 containing newly discovered evidence that has now been addressed and exhausted by the state 23 courts. ECF No. 2, p. 3 herein. Petitioner filed a motion to lift stay and a similar motion to 24 consolidate in Case No. C10-5445 (ECF Nos. 5 and 6). 25 26 Accordingly, it is ORDERED: (1) ORDER - 1 Petitioner’s motion to consolidate (ECF No. 2) is GRANTED. 1 2 3 4 (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. 5 6 DATED this 19th day of July, 2010. A 7 8 Karen L. Strombom United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2

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