Perez-Martinez v. Gilbert

Filing 23

ORDER that the stay of this matter is LIFTED. Petitioner's 22 MOTION to Amend the 6 Petition for Writ of Habeas Corpus is GRANTED. Respondent will have until 2/10/2017 to file an answer to the petition. **SEE ORDER FOR DETAILS**. Signed by Magistrate Judge Karen L Strombom. **2 PAGE(S), PRINT ALL**(Reycel Perez-Martinez, Prisoner ID: 356885)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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REYCEL PEREZ-MARTINEZ,
NO. C15-5950 BHS-KLS
Petitioner,

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MARGARET GILBERT,
Respondent.

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ORDER LIFTING STAY,
GRANTING MOTION TO AMEND
AND SETTING BRIEFING
SCHEDULE

v.

By Order dated March 28, 2016, this habeas proceeding was stayed pending resolution

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of petitioner’s state court proceedings. Dkt. 17. On November 30, 2016, petitioner filed a

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motion asking the Court to lift the stay as his state court proceedings are resolved and for

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permission to amend his petition. Dkt. 22. Respondent has filed no papers in opposition.

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Accordingly, it is ORDERED:

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(1)

The stay of this matter is LIFTED.

(2)

Petitioner’s motion to amend his petition (Dkt. 22) is GRANTED. The clerk
shall docket the proposed amended petition attached to petitioner’s motion as
petitioner’s Amended Petition.

(3)

Respondent will have until February 10, 2017 to file an answer to the
petition. Upon receipt of the answer, the Clerk will note the matter for
consideration on the fourth Friday after the answer is filed. Petitioner may file
and serve a traverse not later than the Monday immediately preceding the
Friday appointed for consideration of the matter and respondent may file and

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ORDER -1

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serve a reply brief not later than the Friday designated for consideration of the
matter.

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(4)

The Clerk shall send a copy of this Order to the parties.

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DATED this 3rd day of January, 2017.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER -2