Gill v. Holbrook

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JASPAL SINGH GILL, 9 Petitioner, Case No. C20-318-RSL-MLP 10 v. ORDER GRANTING MOTION TO STAY AND ABEY DONALD R. HOLBROOK, 12 Respondent.

14 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.)

16 Respondent does not object to the request. (Dkt. # 6.) Having considered the parties’ submissions and the balance of the record, the Court ORDERS: 18 (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.

1 (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.

4 (3) The parties are directed to report to this Court every 180 days on the status of Petitioner’s state post-conviction proceedings.

6 (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.

8 Dated this 24th day of March, 2020.

A 10 MICHELLE L. PETERSON United States Magistrate Judge