Farnsworth v. Boe

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CASE NO. 3:20-cv-05067-BHS-JRC Petitioner, ORDER GRANTING UNOPPOSED v. REQUEST FOR STAY AND ABEYANCE Respondent. This matter is before the Court on petitioner’s motion to stay, to which respondent states that he has no opposition. See Dkts. 6, 10. According to petitioner, proceedings regarding one of his personal restraint petitions are pending in Washington State Supreme Court and raise at least three of his grounds for review. See Dkt. 1. Because petitioner is in the process of exhausting certain of his grounds and because respondent has no objection to the stay (see Dkt. 10, at 2), the Court will grant petitioner’s request for a stay and abeyance of this matter. See Rhines v. Weber, 544 U.S. 269, 275–79 (2005). The stay in this matter shall lift 30 days after the mandate is issued in the state court on the personal restraint petition. Petitioner shall file a status report June 26, 2020 informing the Court of the status of his personal restraint petition. Dated this 27th day of April, 2020.

A J. Richard Creatura United States Magistrate Judge