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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 REYCEL PEREZ-MARTINEZ, NO. C15-5950 BHS-KLS Petitioner, 10 11 12 MARGARET GILBERT, Respondent. 13 14 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 15 of petitioner’s state court proceedings. Dkt. 17. On November 30, 2016, petitioner filed a 16 motion asking the Court to lift the stay as his state court proceedings are resolved and for 17 permission to amend his petition. Dkt. 22. Respondent has filed no papers in opposition. 18 Accordingly, it is ORDERED: 19 (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 20 21 22 23 24 25 26 ORDER -1 1 serve a reply brief not later than the Friday designated for consideration of the matter. 2 3 (4) The Clerk shall send a copy of this Order to the parties. 4 DATED this 3rd day of January, 2017. 5 6 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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