Grubham v. State of Washington et al

Filing 29

ORDER granting 24 Motion for Extension of Time. This matter is stayed until 11/14/14. Petitioner will file a report and, if needed, a motion to extend the stay on or before 10/31/14 -- fourteeen days for the stay ends. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Petitioner)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 BRADLEY ALLEN GRUBHAM, 11 Petitioner, 12 v. 13 ORDER CONTINUING THE STAY IN THIS PETITION AND HOLDING IT IN ABEYANCE SUPERINTENDENT OBERLAND, 14 CASE NO. C13-5646 RJB-JRC Respondent. 15 16 17 18 19 20 21 22 23 The District Court has referred this 28 U.S.C. § 2254 petition to the undersigned Magistrate Judge. The Court stayed this matter and has held it in abeyance since November of 2013 (Dkt. 23). Petitioner has kept the Court informed of the progress of his personal restraint petition in state court and filed status reports in April and May of 2014 (Dkt. 26 and 28). Petitioner asks that the stay be continued until his motion for discretionary review has been addressed by the Washington State Supreme Court (Dkt. 24). Respondent agrees that the action should remain stayed (Dkt. 27). District courts may use a “stay-and-abeyance” procedure while a petitioner exhausts his claims in state court. Rhines v. Weber, 544 U.S. 269, 275-77; Calderon v. United States District 24 ORDER CONTINUING THE STAY IN THIS PETITION AND HOLDING IT IN ABEYANCE - 1 1 Court (Taylor), 134 F.3d 981, 988 (9th Cir.1998). In determining whether the petition should be 2 stayed, the Court must also “be mindful that AEDPA aims to encourage the finality of sentences 3 and to encourage petitioners to exhaust their claims in state court before filing in federal court.” 4 Wooten v. Kirkland, 540 F.3d 1019, 1024 (9th Cir. 2008), cert. denied, 556 U.S. 1285 (2009) 5 (holding that petitioner’s “impression” that defense counsel had exhausted all of the issues in 6 state court did not fulfill the requirement to show “good cause”). 7 Both parties agree this action should be stayed. The Court grants petitioner’s uncontested 8 motion. 9 The matter is stayed until November 14, 2014. Petitioner will file a report and, if needed, 10 a motion to extend the stay on or before October 31, 2014 -- fourteen days before the stay ends. 11 Petitioner will inform the Court of the status of his state proceedings. Petitioner’s report will 12 include the state court cause number. Further, if the state court dismisses the petition or 13 terminates review, petitioner will inform the Court and file a motion to lift the stay within 30 14 days of the state court taking action. Petitioner’s failure to file a proper report or inform the 15 Court of the termination of state review will result in the Court issuing a report and 16 recommendation that this petition be dismissed. 17 The Clerk’s office is directed to remove Dkt. 24 from the Court’s calendar. 18 Dated this 21st day of May, 2014. A 19 20 J. Richard Creatura United States Magistrate Judge 21 22 23 24 ORDER CONTINUING THE STAY IN THIS PETITION AND HOLDING IT IN ABEYANCE - 2

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