Eggleston v. Gilbert

Filing 16

ORDER that the Court finds this case shall remain stayed. Petitioner is directed to provide the Court with a status update on or before 8/4/17. Further, if the state court dismisses or resolves the PRP, Petitioner is ordered to inform the Court and file a motion to lift the stay within 30 days after the state court action. Signed by Magistrate Judge David W. Christel. (CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BRIAN EGGLESTON,
Petitioner,

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MARGARET GILBERT,
Respondent.

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ORDER CONTINUING STAY

v.

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CASE NO. 3:16-CV-05159-RBL-DWC

The District Court has referred this action to United States Magistrate Judge David W.

14 Christel. On February 29, 2016, Petitioner Brian Eggleston filed a federal habeas Petition,
15 pursuant to 28 U.S.C. § 2254, seeking relief from a state court conviction. Dkt. 1. 1 On November
16 8, 2016, the Court stayed the case pending resolution of Petitioner’s state personal restraint
17 petition (“PRP”). See Dkt. 12. The Court continued the stay on February 3, 2017, and directed
18 Petitioner to file a status report regarding the status of his state proceedings by May 5, 2017. Dkt.
19 14. On May 1, 2017, Petitioner filed a status report stating the PRP was ready for consideration
20 by the Washington Supreme Court Commissioner. Dkt. 15.
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As the Court previously stayed this case pending resolution of the PRP and as the PRP is

22 still pending, the Court finds this case shall remain stayed. Petitioner is directed to provide the
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1

On March 16, 2016, Petitioner filed an Amended Petition which raised a new, unexhausted ground for

24 relief. Dkt. 6. The Amended Petition is the operative petition in this case.

ORDER CONTINUING STAY - 1

1 Court with a status update on or before August 4, 2017. Further, if the state court dismisses or
2 resolves the PRP, Petitioner is ordered to inform the Court and file a motion to lift the stay
3 within 30 days after the state court action.
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Dated this 1st day of May, 2017.

A

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David W. Christel
United States Magistrate Judge

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ORDER CONTINUING STAY - 2