Sorenson v. Morgan

Filing 10

ORDER granting 9 Motion to Stay. The matter is stayed until 11/2/12016. Petitioner shall file a report and, if needed, a motion to extend the stay on or before October 19, 2016 -- 14 days before the stay ends. Signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Ronald Sorenson, Prisoner ID: 355432)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RONALD SORENSON,
Petitioner,

CASE NO. 3:16-CV-05227-BHS-JRC
ORDER GRANTING PETITIONER’S
MOTION TO STAY

v.
MARGARET GILBERT,
Respondent.

The District Court has referred this petition for a writ of habeas corpus to United States
Magistrate Judge J. Richard Creatura. The authority for the referral is 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. The petition is filed pursuant to 28 U.S.C. § 2254.
Petitioner has filed a motion to stay his habeas corpus petition and hold it in abeyance
pending a ruling by the Washington State Court of Appeals on a personal restraint petition that
he filed. Dkts. 9, 9-1. Petitioner also states that if the Washington State Court of Appeals affirms
or denies review, he will seek review before the Washington State Supreme Court. Id.
Respondent did not file a response to petitioner’s motion. See Dkt.
A district court may stay a petition if: (1) petitioner has “good cause” for failure to
exhaust the claims in state court; (2) the unexhausted claims are potentially meritorious; and (3)
ORDER GRANTING PETITIONER’S MOTION
TO STAY - 1

1 there is no indication that petitioner intentionally engaged in dilatory litigation tactics. Rhines v.
2 Weber, 544 U.S. 269, 278 (2005).
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After reviewing the motion and the record, the Court grants the motion to stay this

4 petition and hold it in abeyance. The matter is stayed until November 2, 2016. Petitioner will file
5 a report and, if needed, a motion to extend the stay on or before October 19, 2016 - 14 days before
6 the stay ends. Petitioner will inform the Court of the status of the state proceedings. The report
7 will include the state court cause number. Should the state court dismiss the petition or
8 terminate review, petitioner will inform the Court and file a motion to lift the stay within 30 days
9 of the state court’s action. Petitioner’s failure to file a proper report or inform the Court of the
10 termination of state review may result in the Court issuing a report and recommendation that this
11 petition be dismissed.
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Dated this 2nd day of May, 2016.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING PETITIONER’S MOTION
TO STAY - 2