Sublett v. Holbrook

Filing 11

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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL SUBLETT,
Petitioner,

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CASE NO. 3:17-cv-05672-BHS-JRC
ORDER TO SHOW CAUSE OR
FILE SUPPLEMENT

v.
DONALD R HOLBROOK,
Respondent.

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The District Court has referred this petition for a writ of habeas corpus to United States

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Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. §

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636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner filed the

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petition pursuant to 28 U.S.C. § 2254.

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Petitioner, represented by counsel, filed his petitioner in August of 2017. Dkt. 1. Along

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with their answer, respondent provided the Court with the state court record. Dkts. 6, 7, 9. In the

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record, respondent included the Washington Court of Appeals decision denying petitioner’s

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personal restraint petition (Dkt. 9, Ex. 26), as well as an order directing the Thurston County

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ORDER TO SHOW CAUSE OR FILE SUPPLEMENT 1

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Superior Court to hold a reference hearing (Dkt. 9, Ex. 22) and the Thurston County Superior

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Court’s findings of fact regarding the hearing (Dkt. 9, Ex. 23). However, respondent did not

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include a transcript of the hearing. Though, as respondents correctly note, the Court of Appeals

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read the findings of fact as verities on appeal and did not cite to the transcript (Dkt. 9, Ex. 26 at

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11), petitioner did cite to the transcript in his petition (see Dkt. 1 at 4).

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Therefore, it is ORDERED:

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1) Respondent is directed to show cause why the state record they submitted is already

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complete or, in the alternative, to provide the Court with a copy of the transcript from

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the superior court reference hearing on or before February 9, 2018.

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2) The Clerk is directed to note the above due date on the docket for this case.

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Dated this 10th day of January, 2018.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO SHOW CAUSE OR FILE SUPPLEMENT 2