Petrozzi v. Thurston County Superior Court et al

Filing 10

ORDER TO SHOW CAUSE OR AMEND, signed by Magistrate Judge J Richard Creatura. Petitioner's show cause response or amended petition due by 12/1/2017. (Attachments: # 1 Habeas Petition (blank), # 2 Previous Order to Show Cause (#8))(CMG)(cc of order w/blank petition form and a copy of the previous show cause order mailed to Petitioner.)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TIMOTHY ROBERT PETROZZI,
Petitioner,

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CASE NO. 3:17-cv-05677-RBL-JRC
ORDER TO SHOW CAUSE OR
AMEND

v.
THURSTON COUNTY SUPERIOR
COURT and THURSTON COUNTY
CORRECTIONS,
Respondent.

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

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States 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 Timothy Robert Petrozzi challenges his convictions for driving under the

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influence, intimidation of a judicial officer, driving without a license, assault, and obstruction of

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justice. After reviewing his petition previously, the Court declined to serve it on respondents

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because petitioner had not shown that his claims had been exhausted in state court and because

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ORDER TO SHOW CAUSE OR AMEND - 1

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he had named improper respondents. Dkt. 8. However, the Court provided petitioner with leave

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to file an amended petition by October 27, 2017. Id. Petitioner has not yet done so.

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In reviewing the record, the Court notes that the original order sent to petitioner was

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returned to the Clerk’s office because petitioner was no longer in custody at Thurston County

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Jail. Dkt. 9. Since petitioner’s relocation may have caused him to delay filing a response to the

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Court’s previous order, the Court again orders him to show cause or amend.

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Therefore, it is ORDERED:

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(1) Petitioner shall show cause or file an amended petition on or before December 1,

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2017 addressing the deficiencies noted in the Court’s previous order (Dkt. 8). Failure

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to show cause or file an amended petition will result in the Court recommending

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petitioner’s habeas petition be dismissed.

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(2) Petitioner is instructed to provide the Court with a notice of address change,
informing the Court of his current address.
(3) The Clerk is directed to provide petitioner with a copy of this order and a blank

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habeas petition form. The Clerk is further instructed to provide petitioner a copy of

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the Court’s previous order explaining the deficiencies in his habeas petition (Dkt. 8).

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Dated this 14th day of November, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO SHOW CAUSE OR AMEND - 2