Lewis v. State of Washington et al

Filing 25

ORDER that respondent supplement his original answer on or before 6/30/17. Petitioner may file and serve a supplemental response not later than 7/21/17. Respondent may file and serve a supplemental reply not later than 7/28/17. The Clerk is directed to re-note the petition for 7/28/17. Signed by Magistrate Judge J Richard Creatura. (CMG) (cc mailed to Petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOHN ANTHONY LEWIS,
Petitioner,

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CASE NO. C16-5562 RBL-JRC
ORDER FOR SUPPLEMENTAL
BRIEFING

v.
ROBERT W. FERGUSON,
Respondent.

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

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judgment and sentence. Dkt. 8. In his petition, petitioner stated that he had not sought appellate

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or collateral review of his state court judgment and sentence. Dkt. 8 at 3.

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In respondent’s original answer, he argues that petitioner has not presented his claims to

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the Washington state courts, thus, petitioner’s claims are unexhausted. Dkt. 17 at 8. However,

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respondent contends that at the time the original answer was filed, on January 25, 2017,

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petitioner’s claims were not procedurally barred. Id. at 8. Respondent argues that petitioner had

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until March 9, 2017 to seek collateral review in the state courts. Id. In his traverse, petitioner

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contends that on February 28, 2017, he mailed a petition to the Washington Supreme Court

ORDER FOR SUPPLEMENTAL BRIEFING - 1

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challenging his judgment and sentence, which was treated as a personal restraint petition. Dkt. 24

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at 14, 24-25.

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Accordingly, the Court orders that respondent supplement his original answer (Dkt. 17)

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and address whether petitioner sought relief by the Washington state appellate courts in a timely

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manner and whether petitioner’s claims are procedurally barred. If petitioner’s personal restraint

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petition is currently pending in the Washington state courts, respondent should address whether a

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stay would be appropriate.

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The supplemental answer shall be filed on or before June 30, 2017 and will be treated in
accordance with LCR 7. Petitioner may file and serve a supplemental response not later than

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July 21, 2017. Respondent may file and serve a supplemental reply not later than July 28, 2017.

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The Clerk is directed to re-note the petition for July 28, 2017.

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Dated this 26th day of May, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER FOR SUPPLEMENTAL BRIEFING - 2