Rogers v. Hayes

Filing 13

ORDER granting Petitioner's 12 Request. The Court will consider Petitioner's filing, Dkt. 12 , as an amended response to the answer and to constitute a complete replacement for Petitioner's original response to Respondent's a nswer, Dkt. 11 . Respondent may file a reply to Petitioner's amended response to the answer, Dkt. 12 , by September 23, 2022. The Clerk is directed to re-note the Respondent's answer, Dkt. 7 , to September 23, 2022. Signed by Hon. S. Kate Vaughan. **2 PAGE(S), PRINT ALL**(Daryl Rogers, Prisoner ID: 412163)(LH)

Case 3:22-cv-05367-LK-SKV Document 13 Filed 09/16/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DARYL ROGERS,
Petitioner,

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Case No. C22-05367-LK-SKV
ORDER GRANTING PETITIONER’S
REQUEST TO FILE AMENDED
RESPONSE TO ANSWER

v.
RONALD HAYNES,
Respondent.

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This is a federal habeas action proceeding under 28 U.S.C. § 2254. Respondent has filed

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an answer to the federal habeas petition. Dkt. 7. On August 18, 2022, Petitioner filed a response

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to the answer. Dkt. 11. On August 29, 2022, Petitioner filed a document entitled “request to file

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supplemental response motion to respondent[’]s answer” along with a 165 page attachment

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which appears to be a new or amended response to Respondent’s answer. Dkt. 12. Petitioner

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requests that this filing be considered “in place of” his previously filed August 18, 2022,

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response to the answer. Id. Petitioner’s request was not docketed as a motion and Respondent

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has not responded to the request. Respondent has also not filed a reply to either Petitioner’s

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ORDER GRANTING PETITIONER’S REQUEST
TO FILE AMENDED RESPONSE TO ANSWER - 1

Case 3:22-cv-05367-LK-SKV Document 13 Filed 09/16/22 Page 2 of 2

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original response to the answer, Dkt. 11, or to the document Petitioner filed as a replacement for,

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or amendment to, the original response to the answer, Dkt. 12. 1

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Accordingly, for the sake of clarity, the Court hereby orders:

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(1) Petitioner’s “request to file supplemental response motion to respondent[’]s answer” is

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GRANTED and the Court will consider Petitioner’s filing, Dkt. 12, as an amended

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response to the answer and to constitute a complete replacement for Petitioner’s original

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response to Respondent’s answer, Dkt. 11.

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(2) Respondent may file a reply to Petitioner’s amended response to the answer, Dkt. 12, by
September 23, 2022.

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(3) The Clerk is directed to re-note the Respondent’s answer, Dkt. 7, to September 23, 2022.

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(4) The Clerk is directed to send copies of this order to the parties and to the Honorable

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Lauren King.

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Dated this 16th day of September, 2022.

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A

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S. KATE VAUGHAN
United States Magistrate Judge

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The Court notes it is unclear whether Respondent was waiting for the Court to rule on Petitioner’s
request prior to filing a reply.
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ORDER GRANTING PETITIONER’S REQUEST
TO FILE AMENDED RESPONSE TO ANSWER - 2