Maddaus v. Boe

Filing 62

ORDER LIFTING STAY AND GRANTING EXTENSION OF TIME TO AMEND PETITION. The Motions to Lift Stay (Dkts. 59 , 60 ) are GRANTED. The stay of these proceedings is LIFTED. Petitioner's Motion for an Extension of Time to File an Amended Petition (Dkt. 61 ) is GRANTED. Petitioner may file an Amended Petition for Writ of Habeas Corpus on or before 11/13/2023. Within forty-five (45) days of the filing of the Amended Petition, Respondent shall file and serve an Answer. Signed by Magistrate Judge Grady J Leupold.**3 PAGE(S), PRINT ALL**(Robert Maddaus, Prisoner ID: 975429)(TE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT J. MADDAUS,
v.

Petitioner,

CASE NO. 3:17-cv-06020-TSZ-GJL
ORDER LIFTING STAY AND
GRANTING EXTENSION OF
TIME TO AMEND PETITION

JERI BOE,
Respondent.

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The District Court has referred this 28 U.S.C. § 2254 action to United States Magistrate

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Judge Grady J. Leupold. Currently before the Court are Motions to Lift the Stay of these

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proceedings, filed by both Petitioner Robert J. Maddaus and Respondent Jeri Boe. Dkts. 59, 60.

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In addition, Petitioner has filed a Motion for an Extension of Time to File an Amended Petition

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for Writ of Habeas Corpus. Dkt. 61. After review of the Motions and the relevant record, the

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Motions to Lift Stay (Dkts. 59, 60) are GRANTED and Petitioner’s Motion for an Extension

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(Dkt. 61) is GRANTED.

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On December 22, 2017, Petitioner filed a Petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254 with this Court challenging his custody under a Thurston County Superior

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ORDER LIFTING STAY AND GRANTING
EXTENSION OF TIME TO AMEND PETITION - 1

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Court judgment and sentence. Dkt. 4. On January 4, 2018, Petitioner requested a stay of this case

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to allow Petitioner to attempt to exhaust his state court remedies. Dkt. 9. The request was granted

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and the Court stayed this case. Dkt. 15.

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On October 6, 2023, Respondent filed a Motion to lift the stay on the basis that

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Petitioner’s state court proceedings now appear to be complete. Dkt. 59. Petitioner filed a similar

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Motion on October 11, 2023. Dkt. 60. Both Motions to Lift Stay indicate that the Washington

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Supreme Court issued an Order terminating review of Petitioner’s Personal Restraint Petition on

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September 6, 2023. Dkt. 59 at 2; Dkt. 60 at 1. Because it appears Petitioner has now provided

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every level of the state courts the opportunity to make a determination as to Petitioner’s grounds

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for relief, the Court finds lifting of the stay is appropriate.
Petitioner has also filed a Motion for leave to amend his habeas petition along with a

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request for an extension of time in which to do so. See Dkt. 61. Respondent has not filed

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opposition to Petitioner’s Motion for leave to amend. See generally Dkt. As this is a habeas

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corpus action, the Court finds justice requires allowing Petitioner leave to amend. See Fed.

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R. Civ. P. 15(a)(2).

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Therefore, it is hereby ORDERED that:

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1)

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The Motions to Lift Stay (Dkts. 59, 60) are GRANTED. The stay of these

proceedings is LIFTED.
2)

Petitioner’s Motion for an Extension of Time to File an Amended Petition

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(Dkt. 61) is GRANTED. On or before November 13, 2023, Petitioner may file an Amended

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Petition for Writ of Habeas Corpus. The Amended Petition must be legibly written or typed

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in its entirety, it should be an original and not a copy, it should contain the same case

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number, and it may not incorporate any part of the original petition by reference. The

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ORDER LIFTING STAY AND GRANTING
EXTENSION OF TIME TO AMEND PETITION - 2

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Amended Petition will act as a complete substitute for the original petition, and not as a

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supplement.

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3)

Within forty-five (45) days of the filing of the Amended Petition, Respondent

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shall file and serve an Answer and any relevant state court records in accordance with Rule 5 of

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the Rules Governing Section 2254 Cases in United States District Courts. As part of such

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Answer, Respondent shall state whether Petitioner has exhausted available state remedies and

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whether an evidentiary hearing is necessary. Respondent shall not file a dispositive motion in

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place of an Answer without first showing cause as to why an Answer is inadequate. Respondent

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shall file the Answer with the Clerk of the Court and serve a copy of the Answer on Petitioner.

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4)

The Answer will be treated in accordance with LCR 7. Accordingly, on the face

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of the Answer, Respondent shall note it for consideration on the fourth Friday after filing.

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Petitioner may file and serve a response not later than the Monday immediately preceding the

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Friday designated for consideration of the matter, and Respondent may file and serve a reply not

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later than the Friday designated for consideration of the matter.

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Dated this 31st day of October, 2023.

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A

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Grady J. Leupold
United States Magistrate Judge

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ORDER LIFTING STAY AND GRANTING
EXTENSION OF TIME TO AMEND PETITION - 3