Gill v. Holbrook

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Petitioner, Case No. C20-318-RSL-MLP v. ORDER GRANTING MOTION TO STAY AND ABEY Respondent.

This is a 28 U.S.C. § 2254 habeas action. Currently before the Court is Petitioner’s motion to stay and abey this action pending exhaustion of his state-court remedies. (Dkt. # 3.) Respondent does not object to the request. (Dkt. # 6.) Having considered the parties’ submissions and the balance of the record, the Court ORDERS: (1) For the reasons explained in the parties’ briefing, Petitioner satisfies the requirements for a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005). Accordingly, Petitioner’s motion to stay (dkt. # 3) is GRANTED and this action is STAYED pending exhaustion of his state-court remedies. (2) The parties are directed to notify the Court within two weeks after final resolution of Petitioner’s state post-conviction proceedings. At that time, the Court will lift the stay on the instant habeas action and set a briefing schedule on the merits of the petition. (3) The parties are directed to report to this Court every 180 days on the status of

Petitioner’s state post-conviction proceedings. (4) The Clerk is directed to statistically close this case and send copies of this order to the parties and to the Honorable Robert S. Lasnik. Dated this 24th day of March, 2020. A United States Magistrate Judge