Maddaus v. Boe

Filing 42

ORDER EXTENDING STAY; signed by Judge J Richard Creatura. Respondent's 41 motion to extend the stay is granted. The stay on this habeas proceeding is extended to August 16, 2022. Respondent shall file a report and motion to extend the stay, if necessary, on or before July 20, 2022. **3 PAGE(S), PRINT ALL**(Robert Maddaus, Prisoner ID: 975429)(SP)

Case 3:17-cv-06020-TSZ-JRC Document 42 Filed 01/31/22 Page 1 of 3

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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-TSZ-JRC
ORDER EXTENDING 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.

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Petitioner filed his petition pursuant to 28 U.S.C. § 2254 in December 2017 and then

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requested that the Court stay the petition so that he could exhaust his state court remedies. See

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Dkts. 1, 9. The Court granted petitioner’s request, stayed the matter, and required respondent to

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provide this Court with a status report and motion to extend the stay before it expired. See Dkt.

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15. Since then, the Court has extended the stay on respondent’s motion on seven occasions. See

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Dkts. 19, 25, 27, 29, 31, 36, 40.

ORDER EXTENDING STAY - 1

Case 3:17-cv-06020-TSZ-JRC Document 42 Filed 01/31/22 Page 2 of 3

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The stay is currently set to expire on February 16, 2022, and respondent has again moved

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to extend the stay. See Dkts. 40, 41. Respondent submits that although petitioner’s state court

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matter has finalized, petitioner is still pursuing state-court postconviction remedies. See Dkt. 41,

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at 2. Petitioner does not oppose the extension of the stay.

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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. 41) is granted. The stay on this habeas
proceeding is extended to August 16, 2022.
(2) Respondent shall file a report and motion to extend the stay, if necessary, on or before
July 20, 2022.
(3) Should the state court dismiss petitioner’s state post-conviction review or otherwise

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terminate review before August 16, 2022, 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 31st day of January, 2022.

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A

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J. Richard Creatura
Chief United States Magistrate Judge

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ORDER EXTENDING STAY - 2

Case 3:17-cv-06020-TSZ-JRC Document 42 Filed 01/31/22 Page 3 of 3

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J. Richard Creatura
Chief United States Magistrate Judge

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ORDER EXTENDING STAY - 3