Reese v. Holbrook
ORDER that Respondent's Motion 17 is granted. The stay on this case is lifted. The petition will be ready for consideration on 12/22/17. The parties will have until that date to file supplemental briefing. Signed by Magistrate Judge J Richard Creatura. **2 PAGE(S), PRINT ALL**(Joshua Reese, Prisoner ID: 323910)(CMG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
JOSHUA N. REESE,
CASE NO. 3:16-cv-05311-BHS-JRC
ORDER GRANTING MOTION TO
The District Court has referred this action to United States Magistrate Judge J. Richard
Creatura. Petitioner Joshua N. Reese filed a federal habeas petition, pursuant to 28 U.S.C. §
2254, seeking relief from a state court conviction. Petitioner filed his petition in April of 2016.
Dkt. 1. The Court ordered service (Dkt. 6) and respondent filed an answer (Dkt. 10). Respondent
noted that petitioner’s personal restraint petition (“PRP”) was pending before the Washington
Supreme Court. Dkt. 10. Respondent also argued that the petition would be time-barred unless
the Washington Supreme Court reverses a Washington Court of Appeals decision holding that
petitioner’s PRP was untimely. Id. On November 3, 2016, this Court stayed the petition pending
ORDER GRANTING MOTION TO LIFT STAY - 1
the outcome of petitioner’s PRP. Dkt. 12. Per court order, respondent filed three status reports,
keeping the Court informed of the PRP’s progress. Dkts. 13, 15, 16. Respondent has now filed a
motion to lift the stay, stating that the Washington Supreme Court has disposed of petitioner’s
PRP by denying it without comment and that the Washington Court of Appeals decision is now
final. Dkt. 17. Petitioner has not filed a response to this motion.
Therefore, it is ORDERED:
Respondent’s motion (Dkt. 17) is granted. The stay on this case is lifted.
The petition will be ready for consideration on December 22, 2017. The parties will have
until that date to file supplemental briefing.
The Clerk is directed to provide a copy of this order to petitioner.
Dated this 1st day of December, 2017.
J. Richard Creatura
United States Magistrate Judge
ORDER GRANTING MOTION TO LIFT STAY - 2
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