Maddaus v. Boe

Filing 31

ORDER GRANTING 30 FIFTH MOTION TO EXTEND STAY: The stay on this habeas proceeding is extended to February 15, 2021. Respondent shall file a report and motion to extend the stay, if necessary, on or before February 1, 2021; signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Robert Maddaus, Prisoner ID: 975429)(SP)

Case 3:17-cv-06020-RBL-JRC Document 31 Filed 08/14/20 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT J. MADDAUS,
Petitioner,

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CASE NO. 3:17-cv-06020-RBL-JRC
ORDER GRANTING FIFTH
MOTION TO EXTEND STAY

v.
JERI BOE,
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 authority for the referral is 28 U.S.C. §§ 636(b)(1)(A)

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and (B) and local Magistrate Judge Rules MJR3 and MJR4. Petitioner filed his petition pursuant

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to 28 U.S.C. § 2254. Before the Court is respondent’s motion to extend the stay. Dkt. 30.

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Petitioner filed his petition in December 2017 and then requested that the Court stay the

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petition so that he could exhaust his state court remedies. See Dkts. 1, 9. The Court granted

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petitioner’s request, stayed the matter, and required respondent to provide this Court with a status

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ORDER GRANTING FIFTH MOTION TO EXTEND
STAY - 1

Case 3:17-cv-06020-RBL-JRC Document 31 Filed 08/14/20 Page 2 of 2

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report and motion to extend the stay before it expired. See Dkt. 15. Since then, the Court has on

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four occasions extended the stay on respondent’s motion. See Dkts. 19, 25, 29.

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The stay is currently set to expire on August 14, 2020, and respondent has again moved

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to extend the stay. See Dkt. 30. Respondent submits that although petitioner’s state court matter

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has finalized, petitioner is pursuing post-conviction remedies, including an August 6, 2020,

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superior court hearing. See Dkt. 30-1, at 9. Further, petitioner has filed no objection to the

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motion to extend the stay. See Dkt.

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This Court may stay consideration of a habeas petition to allow a petitioner to exhaust his

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remedies in state court before returning to federal court. See Rhines v. Weber, 544 U.S. 69, 274–

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79 (2005). Because petitioner is still exhausting his state court remedies, the undersigned finds

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good cause to grant respondent’s request. Therefore, it is ORDERED,

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(1) Respondent’s motion to extend the stay (Dkt. 30) is granted. The stay on this habeas
proceeding is extended to February 15, 2021.
(2) Respondent shall file a report and motion to extend the stay, if necessary, on or before
February 1, 2021.

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(3) Should the state court dismiss petitioner’s state post-conviction review or otherwise

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terminate review before February 15, 2021, petitioner or respondent shall inform the Court and

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request that the stay be lifted within 30 days of the state court’s decision.

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(4) The Clerk will note the deadlines set by this Order on the docket.

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Dated this 14th day of August, 2020.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING FIFTH MOTION TO EXTEND
STAY - 2