Reesman v. Haynes

Filing 30

ORDER denying Petitioner's 27 Motion to fully brief claims and granting Petitioner's 29 Motion for Extension of Time; signed by Magistrate Judge Theresa L Fricke. Petitioner shall have until January 12, 2018 to respond to the Government's 28 supplemental briefing and the matter is re-noted for consideration beginning January 26, 2018. **3 PAGE(S), PRINT ALL**(Joel Reesman, Prisoner ID: 316821)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOEL PAUL REESMAN,
Case No. C16-5925-BHS

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Petitioner,
v.
RON HAYNES,
Respondent.

ORDER DENYING PETITIONER’S
MOTION TO FULLY BRIEF
CLAIMS AND GRANTING
PETITIONER’S MOTION FOR
EXTENSION OF TIME

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On October 19, 2017, the Honorable Benjamin H. Settle issued an order declining to
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adopt the Report and Recommendation by the Honorable Theresa L. Fricke (Dkt. 23) because the
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Court found that Reesman’s actual innocence claim has not been fully briefed or considered.
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Dkt. 25. Although the Government identified the claim in its motion to dismiss, it did not address
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the actual innocence exception to the statute of limitations. See Dkt. 15. Reesman raised the
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argument in his response, Dkt. 22 at 4-7, and the Government did not file a reply. Thus, the
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Court found that Reesman has raised an exception to a time-barred petition, which has not been
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responded to or otherwise considered. Dkt. 25.
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The undersigned then ordered the Government to “submit a brief addressing the actual
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innocence exception to the statute of limitations” and set a timeline for that brief and the
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Petitioner’s Response. Dkt. 26. Petitioner was to submit a response by December 27, 2017.
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On October 29, 2017, Petitioner filed a motion asking that the Court permit him to “fully
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brief” two other exceptions to the statute of limitations, which he asserts he did not fully brief in
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ORDER DENYING PETITIONER’S MOTION TO FULLY
BRIEF CLAIMS AND GRANTING PETITIONER’S
MOTION FOR EXTENSION OF TIME - 1

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his Petition or response to the motion to dismiss. Dkt. 27. In particular, he asks for leave to

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expand his arguments that the AEDPA time bar should not apply because a mental illness made

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him not competent to plead guilty or stand trial and because the trial judge failed to sua sponte

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order a mental examination. The undersigned declines to order further briefing on these issues.

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District Judge Settle declined to adopt the Report and Recommendation because

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Petitioner had raised the actual innocence issue and the Government failed to address that

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exception to the statute of limitations. Dkt. 25; see Dkt. 1, 15, 22; McQuiggin v. Perkins, 133 S.

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Ct. 1924, 1931-32 (2013). Judge Settle did not identify an outstanding issue with respect to

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Petitioner’s competency to plead or the trial judge’s failure to order a mental exam. Petitioner

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had the opportunity to brief those issues in responding to the Government’s motion to dismiss—

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including whether they are exceptions to the statute of limitations—and he did so. See Dkt. 22 at

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10-12. The undersigned considered those arguments in recommending that the Court find that the

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one-year statute of limitations under 28 U.S.C. 2244(d)(1) barred the petition and that no

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circumstances exist to justify equitable tolling. Dkt. 23. Petitioner does not identify a persuasive

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reason for this Court to order further briefing on the same issues. Accordingly, Petitioner’s

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motion at Dkt. 27 is DENIED.

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On November 21, 2017, the Government timely filed its brief on the actual innocence

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exception. On November 28, 2017, Petitioner filed a motion to extend the time allowed for his

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response until January 12, 2018. The Government has not responded to that motion.

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Accordingly, Petitioner’s request is GRANTED. Petitioner shall have until January 12, 2018 to

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respond to the Government’s supplemental briefing, Dkt. 28. The matter is re-noted for

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consideration beginning January 26, 2018.

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ORDER DENYING PETITIONER’S MOTION TO FULLY
BRIEF CLAIMS AND GRANTING PETITIONER’S
MOTION FOR EXTENSION OF TIME - 2

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Dated this 18th day of December, 2017.

A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER DENYING PETITIONER’S MOTION TO FULLY
BRIEF CLAIMS AND GRANTING PETITIONER’S
MOTION FOR EXTENSION OF TIME - 3