Lee v. Gilbert

Filing 46

ORDER denying Petitioner's motions 32 , 35 , 37 , and 38 as moot. Signed by Magistrate Judge J Richard Creatura.**3 PAGE(S), PRINT ALL**(Robert Lee, Prisoner ID: 705130)(CMG)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

ROBERT BYRON LEE,
Petitioner,

11
12
13
14

CASE NO. 3:17-CV-05002-BHS-JRC
ORDER DENYING MISCELLANEOUS
MOTIONS

v.
STATE OF WASHINGTON,
Respondent.

15
The District Court has referred this petition for a writ of habeas corpus to United States
16
Magistrate Judge, J. Richard Creatura. The authority for the referral is 28 U.S.C. § 636(b)(1)(A)
17
and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state
18
conviction, thus, the petition is filed pursuant to 28 U.S.C. § 2254.
19
Before the Court is petitioner’s motion to receive a decision (Dkt. 32), motion to stay the
20
decision (Dkt. 35), motion to stay pending review for decision under FRAP Rule 18 (Dkt. 37),
21
and motion to receive a status and supplemental answer (Dkt. 38).
22
Having reviewed the motions and the balance of the record, the Court finds that the
23
motions should be denied as moot (Dkts. 32, 35, 37, 38).
24

ORDER DENYING MISCELLANEOUS MOTIONS - 1

1
2

DISCUSSION
I.

Motion to Receive a Decision, Motion to Stay the Decision, and Motion to Stay
Pending Review for Decision Under FRAP Rule 18

3
Petitioner asks the Court both to render a decision on petitioner’s first noting date, May
4
12, 2017, Dkt. 32, and to stay consideration pending the outcome of his appeal to the Ninth
5
Circuit. Dkts. 35, 37. The mandate for petitioner’s Ninth Circuit appeal was filed on June 7,
6
2017. Dkt. 36. The clerk re-noted his petition and set it ready for consideration as of July 28,
7
2017. The Court is currently considering petitioner’s habeas petition and has not yet rendered a
8
decision. Because the Ninth Circuit has issued its mandate and because the Court is still
9
considering his petition, the Court denies all three motions as moot (Dkts. 32, 35, 37).
10
II.

Motion to Receive Case Status and Supplemental Answer

11
In his final motion, petitioner asks the Court to provide the “current status of this case”
12
and to provide him with a copy of the State’s supplemental answer to his petition. Dkt. 38.
13
Petitioner requested the supplemental answer three days before such filing was due. See id.
14
However, the State has already filed its supplemental response on the day it was due (three days
15
after petitioner filed his motion). Petitioner should have received the response via email, and the
16
Clerk has forwarded an updated copy of the docket sheet to petitioner. Dkts. 41, 45. He also asks
17
for a designated noting date for a decision, which is July 28, 2017, and which was entered into
18
the docket on July 10, 2017. See Docket entry on 07/10/17. Therefore, the Court denies this
19
motion as moot, as well (Dkt. 38).
20
21
22
23
24

ORDER DENYING MISCELLANEOUS MOTIONS - 2

1

CONCLUSION

2

For the reasons stated, the Court denies plaintiff’s motions as moot. Dkts. 32, 35, 37, 38.

3

Dated this 2nd day of August, 2017.

A

4
5

J. Richard Creatura
United States Magistrate Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

ORDER DENYING MISCELLANEOUS MOTIONS - 3