Sublett v. Holbrook
Respondent is directed to SHOW CAUSE why the state record they submitted is already complete or, in the alternative, to provide the Court with a copy of the transcript from the superior court reference hearing on or before 2/9/18. The Clerk is directed to note the above due date on the docket for this case. Signed by Magistrate Judge J Richard Creatura. (CMG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. 3:17-cv-05672-BHS-JRC
ORDER TO SHOW CAUSE OR
DONALD R HOLBROOK,
The District Court has referred this petition for a writ of habeas corpus to United States
Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. §
636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner filed the
petition pursuant to 28 U.S.C. § 2254.
Petitioner, represented by counsel, filed his petitioner in August of 2017. Dkt. 1. Along
with their answer, respondent provided the Court with the state court record. Dkts. 6, 7, 9. In the
record, respondent included the Washington Court of Appeals decision denying petitioner’s
personal restraint petition (Dkt. 9, Ex. 26), as well as an order directing the Thurston County
ORDER TO SHOW CAUSE OR FILE SUPPLEMENT 1
Superior Court to hold a reference hearing (Dkt. 9, Ex. 22) and the Thurston County Superior
Court’s findings of fact regarding the hearing (Dkt. 9, Ex. 23). However, respondent did not
include a transcript of the hearing. Though, as respondents correctly note, the Court of Appeals
read the findings of fact as verities on appeal and did not cite to the transcript (Dkt. 9, Ex. 26 at
11), petitioner did cite to the transcript in his petition (see Dkt. 1 at 4).
Therefore, it is ORDERED:
1) Respondent is directed to show cause why the state record they submitted is already
complete or, in the alternative, to provide the Court with a copy of the transcript from
the superior court reference hearing on or before February 9, 2018.
2) The Clerk is directed to note the above due date on the docket for this case.
Dated this 10th day of January, 2018.
J. Richard Creatura
United States Magistrate Judge
ORDER TO SHOW CAUSE OR FILE SUPPLEMENT 2
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