Lewis v. State of Washington et al

Filing 31

ORDER granting the parties' motions to lift stay (ECF # 28 and 30 ). The petition will be ready for consideration on 3/16/18. The parties will have until that date to file supplemental briefing. 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. 3:16-cv-05562-RBL-JRC
ORDER LIFTING STAY

v.
CHARLES CALLAHAN,
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 John Anthony Lewis 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 June of 2016.

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Dkt. 1. Pursuant to court order, he filed an amended petition in August of 2016 (Dkt. 4) and a

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second amended petition in November of 2016 (Dkt. 6). The Court accepted his second amended

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petition and served it on respondent. Dkt. 9. Because petitioner is incarcerated out of state and

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his habeas focuses on potential future incarceration in Washington, the Washington Attorney

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General filed a motion to intervene as respondent (Dkt. 16), which the Court granted (Dkt. 21).

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ORDER LIFTING STAY - 1

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Intervenor filed an answer in February of 2017. Dkt. 20. Before that, petitioner filed a motion to

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stay his case in order to exhaust state court remedies. Dkt. 19. After receiving confirmation from

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both parties that petitioner had filed a personal restraint petition with the Washington courts

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(Dkts. 24, 25, 26), the Court granted the motion to stay, staying the case until February 28, 2018

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(Dkt. 27).

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The parties have both filed motions to lift the stay, explaining that the Washington courts

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have now had an opportunity to examine petitioner’s grounds at all levels of state review. Dkts.

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28, 30.

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Therefore, it is ORDERED:

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1) The parties’ motions to lift the stay (Dkts. 28, 30) are granted.

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2) The petition will be ready for consideration on March 16, 2018. The parties will have

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until that date to file supplemental briefing.

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

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Dated this 20th day of February, 2018.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER LIFTING STAY - 2