Crow v. Hayes

Filing 37

ORDER continuing stay: The Court confirms it has received 36 petitioner's status update. This matter continues to be stayed until 30 days after the Washington state court has ruled on petitioner's challenge to his judgment and sentence. **SEE ORDER FOR DETAILS** The clerk is directed to note a due date for petitioner's next status report on this case's docket 90 days from the entry of this order. Signed by Magistrate Judge J Richard Creatura. **2 PAGE(S), PRINT ALL**(Tommy Crow, Prisoner ID: 773446)(CMG)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 TOMMY LEE CROW, JR., Petitioner, 11 12 13 14 CASE NO. 3:16-cv-05277-RJB-JRC ORDER CONTINUING STAY v. RON HAYES, Respondent. 15 16 17 Petitioner filed a petitioner for a writ of habeas corpus challenging his custody under a stay court judgment and sentence. Dkt. 10. 18 Petitioner was resentenced on April 21, 2016, and because the appeal of his new 19 judgment and sentence was pending in the state courts, petitioner requested that the Court stay 20 his case. Dkt. 12. The Court granted petitioner’s motion, stayed his case until thirty days after the 21 Washington courts ruled on his appeal, and directed petitioner to file a status report every 90 22 days. Petitioner has consistently done so. See Dkts. 25, 27, 28, 29, 34, 36. 23 24 ORDER CONTINUING STAY - 1 1 In petitioner’s latest status update, petitioner notes that he filed a personal restraint 2 petition on August 1, 2018, and is awaiting a response from the state courts. Dkt. 36. He requests 3 that the Court notify him of receipt of his update. Id. 4 Therefore, it is ORDERED: 5 1) The Court confirms it has received petitioner’s status update. 6 2) This matter continues to be stayed until 30 days after the Washington state court has 7 8 9 ruled on petitioner’s challenge to his judgment and sentence. 3) Petitioner shall continue to file a status report every 90 days. Petitioner’s report must include the state court cause number and current status of his state proceedings. 10 Petitioner’s failure to file a proper report may result in the Court issuing a report and 11 recommendation that his petition be dismissed for failure to comply with a Court 12 order. 13 14 15 16 17 18 19 4) The Court will acknowledge petitioner’s status updates and will inform petitioner of his next deadline. 5) Within 30 days of the Washington court’s ruling on petitioner’ challenge to his judgment and sentence, either party may file a motion to lift the stay. 6) The clerk is directed to note a due date for petitioner’s next status report on this case’s docket 90 days from the entry of this order. Dated this 29th day of August, 2018. 20 21 22 A 23 J. Richard Creatura United States Magistrate Judge 24 ORDER CONTINUING STAY - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?