Grubham v. State of Washington et al

Filing 60

ORDER granting 58 Motion for Extension of Time. Petition shall file his amended petition on or before 5/2/2016. Signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Bradley Grubham, Prisoner ID: 300531)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BRADLEY ALLEN GRUBHAM,
Petitioner,

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ORDER GRANTING EXTENSION

v.
OBENLAND,
Respondent.

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CASE NO. 3:13-CV-05646-RJB-JRC

The District Court referred this petition for a writ of habeas corpus to United States
Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b) (1) (A) and (B), and local
Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state conviction pursuant
to 28 U.S.C. § 2254.
Before the Court is petitioner’s motion for an extension. Dkt. 58. Petitioner seeks an
extension until May 1, 2016, to file his amended petition. Dkt. 58. Petitioner states that he was
transferred to a new facility and that he needs time to reorganize his records. Id. Petitioner also
states that he was placed in administrative segregation for a period of time and that the law library
was closed for an update to the case law system. Id. Respondent does not oppose petitioner’s
motion. Dkt. 59.

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ORDER GRANTING EXTENSION - 1

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The Court finds that the request is reasonable and, therefore, petitioner’s motion for

2 extension (Dkt. 58) is granted. Petitioner is advised that the amended petition and memorandum
3 will operate as a complete substitute for (rather than a mere supplement to) the original petition
4 (Dkt. 9) and memorandum (Dkt. 37). In other words, an amended petition replaces the original in
5 its entirety, making the original as if it never existed. Reference to a prior pleading or another
6 document is unacceptable – once petitioner files an amended petition, the original petition and
7 memorandum of law will no longer serve any function in this case. Petitioner must file a new and
8 complete amended petition on the court-approved form and attach one memorandum in support
9 of the petition that includes all arguments he wishes to consider. Petitioner should title this
10 document “Amended Petition.”
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Petitioner shall file his amended petition on or before May 2, 2016. If petitioner fails to

12 submit an amended petition by May 2, 2016, this action will proceed on the original petition and
13 memorandum (Dkts. 9, 37). Respondent’s supplemental answer is due within 45 days after
14 service of the amended petition. The supplemental answer will be treated in accordance with
15 LCR 7. Accordingly, on the face of the supplemental answer, respondent shall note it for
16 consideration on the fourth Friday after filing. Petitioner may file and serve a response not later
17 than the Monday immediately preceding the Friday designated for consideration of the matter,
18 and respondent may file and serve a reply not later than the Friday designated for consideration
19 of the matter.
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Dated this 19th day of January, 2016.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING EXTENSION - 2