Crow v. Hayes

Filing 24

ORDER granting 22 Motion to Stay: This matter is stayed until 30 days after the Washington state courts have ruled on petitioner's appeal of his new judgment and sentence. Petitioner shall file a status report every 90 days. The current due date to file answer, 2/12/17, is stricken. The Clerk's office is directed to note a due date on the Court's calendar 90 days from the entry of this order and strike the 12/9/16 deadline. Signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Tommy Crow, Prisoner ID: 773446)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TOMMY LEE CROW JR,

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Petitioner,

CASE NO. 3:16-CV-05277-RJB-JRC
ORDER GRANTING STAY

v.
RON HAYES,
Respondent.

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Petitioner filed a habeas corpus petition challenging his custody under a state court

15 judgment and sentence. Dkt. 10.
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By order dated September 9, 2016, his matter was stayed until December 9, 2016. Dkt. 9.

17 On December 29, 2016, the Court lifted the stay and directed petitioner to file a motion within 7
18 days of respondent’s appearance in this matter if he sought an additional stay. Dkt. 21. On
19 January 4, 2017, petitioner filed a motion to stay, asking the Court to stay this action for 180
20 days. Dkt. 22. Respondent entered an appearance on January 9, 2017 and has not filed a
21 response to petitioner’s motion. See Dkt. 23.
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In his motion for extension, petitioner provided the Court with the current status of his

23 attempt to exhaust his claims. Dkt. 12. Petitioner states that he is still awaiting a decision from
24 the Washington state courts on his resentencing. Dkt. 22. Based on petitioner’s prior filings with

ORDER GRANTING STAY - 1

1 the Court, it appears that petitioner was resentenced on April 21, 2016, and the appeal of his new
2 judgment and sentence are pending in the state courts. Dkt. 8.
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The Court grants petitioner’s motion to extend the stay in this action. See Rhines v.

4 Weber, 544 U.S. 269, 276 (2005) (The Court may stay a petition and hold the proceedings in
5 abeyance where the stay would be a proper exercise of discretion. ). However, the Court finds
6 that it would be most efficient to stay this action pending resolution of his state court
7 proceedings.
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Accordingly, it is ORDERED:

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1) This matter is stayed until 30 days after the Washington state courts have ruled on

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petitioner’s appeal of his new judgment and sentence.

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2) Petitioner shall file a status report every 90 days. Petitioner’s report must include the

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state court cause number and current status of his state proceedings. Petitioner’s

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failure to file a proper report may result in the Court issuing a report and

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recommendation that this petition be dismissed for failure to comply with a Court

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order.

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3) The current due date to file an Answer, February 12, 2017, is stricken. The Court will

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issue a new date by which the Answer shall be filed once state proceedings have been

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completed.

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4) The Clerk’s Office is directed to note a due date on the Court’s calendar 90 days from
the entry of this order and strike the December 9, 2016 deadline.
Dated this 30th day of January, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING STAY - 2