Plechner v. State of Washington

Filing 23

ORDER denying 20 Motion for Reconsideration re 17 Order on Motion to Stay and for Counsel. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICHARD PLECHNER,
Petitioner,

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CASE NO. C14-5321 RBL-KLS
ORDER DENYING MOTION FOR
RECONSIDERATION

v.
DONALD R. HOLBROOK,
Respondent.

Before the Court is Petitioner’s Motion for Reconsideration of this Court’s Order
dated June 19, 2014 (Dkt. 17). Dkt. 20. In the Court’s June 19, 2014 Order, it granted

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Petitioner’s motion to stay this matter pending resolution of his state court proceedings.
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The Court also denied Petitioner’s motion for counsel. Dkt. 17. Petitioner contends that,
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contrary to the Court’s Order, he did explain why he needed counsel and asks that this
should be considered. Dkt. 20.
Under Local Rule CR7(h), motions for reconsideration are disfavored and will be

23 denied absent a showing of manifest error or a showing of new facts or legal authority
24 which could not have been presented earlier with reasonable diligence. The standard has
ORDER DENYING MOTION FOR
RECONSIDERATION- 1

1 not been met in this case. In addition, all proceedings in this matter have been stayed at
2 Petitioner’s request. After the state court proceedings have ended and the stay in this
3 matter is lifted, Respondent shall file his answer to the petition. At that time, the Court
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can determine whether an evidentiary hearing is necessary. Until that time, there is no
need for counsel.

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Accordingly, it is ORDERED:
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(1)

Petitioner’s motion for reconsideration (Dkt. 20) is DENIED.

(2)

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

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Respondent.
DATED this 18th day of July, 2014.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER DENYING MOTION FOR
RECONSIDERATION- 2