Caril v. State of Washington

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 LEON CARIL II, CASE NO. 2:23-cv-01735-RSM-GJL 11 Petitioner, v. ORDER EXTENDING STAY AND 12 DIRECTING STATUS REPORTS ROBERT JACKSON, 13 Respondent. 14

15 This matter is before the Court on referral from the District Court and on Petitioner Leon 16 Caril II’s Motion to continue the stay of these proceedings and Respondent’s Status Report. 17 Dkts. 35, 38. 18 On May 15, 2024, the Court entered an Order staying this case while Petitioner exhausts 19 his state court remedies and directing Petitioner to file a status report every 90 days informing 20 the Court of the status of his state court proceedings. Dkt. 25. On July 23, 2024, Petitioner filed a 21 Motion for an extension of time, construed by the Court as a Motion to continue the stay of these 22 § 2254 proceedings. Dkt. 27. 23 24 1 By Order dated August 15, 2024, the Court granted the Motion and directed that the case 2 remain stayed. Dkt. 28. In that Order, the Court also directed Respondent to file a report every 3 90 days informing the Court of the status of Petitioner’s state court proceedings. Id. Finally, the 4 Court directed that, if the state court dismisses or resolves Petitioner’s state court proceedings,

5 Petitioner or Respondent shall inform the Court and file a motion to lift the stay within 30 days 6 of the state court taking such action. Id. 7 On October 29, 2024, Petitioner filed another Motion for an extension of time, again 8 construed by the Court as a Motion to continue the stay of these § 2254 proceedings. Dkt. 29. 9 Also, pursuant to the Court’s August 15, 2024, Order, Respondent filed a status report asserting 10 that a continuation of the stay is appropriate because Petitioner is still exhausting his state court 11 remedies. Dkt. 30. As a result, on November 13, 2024, the Court issued an Order granting the 12 Motion to continue the stay, and again directed Respondent to file a status report every 90 days. 13 Dkt. 31. 14 On January 21, 2025, Petitioner filed a Motion to continue the stay of these § 2254

15 proceedings. Dkt. 32. Also, pursuant to the Court’s August 15, 2024, Order, Respondent filed a 16 status report asserting that a continuation of the stay is appropriate because Petitioner is still 17 exhausting his state court remedies. Dkt. 33. As a result, on February 13, 2025, the Court issued 18 an Order granting the Motion to continue the stay, and again directed Respondent to file a status 19 report every 90 days. Dkt. 34. 20 As the Court previously set forth, this Court may stay consideration of a habeas petition 21 to allow a petitioner to exhaust his remedies in state court before returning to federal court. See 22 Rhines v. Weber, 544 U.S. 69, 274–79 (2005). In the instant Motion, Petitioner again indicates 23 that his proceedings remain pending in state court and requests that the Court continue the stay of

24 1 these habeas proceedings until the completion of those state court proceedings. Dkt. 35. 2 Respondent’s status report again asserts that a continuation of the stay is appropriate because 3 Petitioner is still exhausting his state court remedies. Dkt. 38. 4 Upon review of the Motion and Respondent’s status report, the Court finds good cause to

5 grant Petitioner’s Motion. Thus, the Motion to continue the stay (Dkt. 35) is GRANTED and the 6 case shall remain STAYED. 7 FURTHER, Respondent is directed to continue to FILE a report every 90 days 8 informing the Court of the status of Petitioner’s state court proceedings. The next status report is 9 due on or before July 11, 2025. Based on this directive to Respondent regarding status 10 reports, there is no need for Petitioner to file additional motions to continue the stay of 11 these habeas proceedings. Rather, if the state court dismisses or resolves Petitioner’s state court 12 proceedings, Petitioner or Respondent is directed to INFORM the Court and FILE a motion to 13 lift the stay within 30 days of the state court taking such action. Respondent shall FILE its 14 answer within 45 days after the stay is lifted.

15 Dated this 11th day of April, 2025. 16 A 17 18 Grady J. Leupold United States Magistrate Judge 19 20 21 22 23 24