Reese v. Holbrook

Filing 18

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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOSHUA N. REESE,
Petitioner,

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CASE NO. 3:16-cv-05311-BHS-JRC
ORDER GRANTING MOTION TO
LIFT STAY

v.
DONALD HOLBROOK,
Respondent.

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The District Court has referred this action to United States Magistrate Judge J. Richard

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Creatura. Petitioner Joshua N. Reese filed a federal habeas petition, pursuant to 28 U.S.C. §

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2254, seeking relief from a state court conviction. Petitioner filed his petition in April of 2016.

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Dkt. 1. The Court ordered service (Dkt. 6) and respondent filed an answer (Dkt. 10). Respondent

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noted that petitioner’s personal restraint petition (“PRP”) was pending before the Washington

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Supreme Court. Dkt. 10. Respondent also argued that the petition would be time-barred unless

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the Washington Supreme Court reverses a Washington Court of Appeals decision holding that

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petitioner’s PRP was untimely. Id. On November 3, 2016, this Court stayed the petition pending

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ORDER GRANTING MOTION TO LIFT STAY - 1

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the outcome of petitioner’s PRP. Dkt. 12. Per court order, respondent filed three status reports,

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keeping the Court informed of the PRP’s progress. Dkts. 13, 15, 16. Respondent has now filed a

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motion to lift the stay, stating that the Washington Supreme Court has disposed of petitioner’s

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PRP by denying it without comment and that the Washington Court of Appeals decision is now

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final. Dkt. 17. Petitioner has not filed a response to this motion.

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Therefore, it is ORDERED:

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Respondent’s motion (Dkt. 17) is granted. The stay on this case is lifted.

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The petition will be ready for consideration on December 22, 2017. The parties will have

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until that date to file supplemental briefing.

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The Clerk is directed to provide a copy of this order to petitioner.

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Dated this 1st day of December, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING MOTION TO LIFT STAY - 2