Maddaus v. Boe

Filing 55

ORDER granting Respondent's 52 Motion to Continue Stay. Respondent is directed to file a report every 90 days informing the Court of the status of petitioner's state court proceedings. The first status report is due on or before 7/7/2023. Signed by Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Robert Maddaus, Prisoner ID: 975429)(MW)

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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 GRANTING MOTION TO
CONTINUE STAY

v.
JERI BOE,
Respondent.

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This matter is before the Court on referral from the District Court and on respondent’s
status report and motion to continue the stay. Dkt. 52.
Petitioner filed a 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 several occasions. See Dkts. 19, 25, 27, 29, 31,

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36, 40, 44, 49.

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ORDER GRANTING MOTION TO CONTINUE STAY
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The stay is currently set to expire on April 13, 2023. See Dkt. 49. On March 16, 2023,

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respondent filed a status report and motion to continue the stay indicating that petitioner’s state

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court proceedings remain pending in the Washington Supreme Court. Id. According to the

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court’s website, petitioner has sought review by the supreme court and the case remains pending

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there, with a motion to modify ruling due on April 10, 2023. Id. As a result, respondent seeks to

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extend the stay of these habeas proceedings until the completion of petitioner’s state

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proceedings. Id. Petitioner does not oppose the motion. 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 motion.

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The motion to continue the stay (Dkt. 49) is granted and the case shall remain stayed.

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Respondent is directed to file a report every 90 days informing the Court of the status of

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petitioner’s state court proceedings. The first status report is due on or before July 7, 2023, and

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shall include the state court cause number(s). If the state court dismisses or resolves petitioner’s

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state court proceedings, petitioner or respondent is directed to inform the Court and file a motion

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to lift the stay within 30 days of the state court taking action. Respondent’s answer shall be filed

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45 days after the stay is lifted.

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Dated this 7th day of April, 2023.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING MOTION TO CONTINUE STAY
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