Eggum v. Uttecht
Petitioner: Marlow Todd Eggum
Respondent: Jeffrey Uttecht
Case Number: 2:2014cv01328
Filed: August 26, 2014
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: XX US, Outside District
Presiding Judge: Richard A Jones
Presiding Judge: Mary Alice Theiler
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
June 26, 2023 Opinion or Order Filing 206 ORDER granting 204 MOTION for Extension of Time to File Notice of Appeal filed by Petitioner Marlow Todd Eggum. Any notice of appeal must be filed by 7/24/2023. Signed by Judge Richard A. Jones. (VE)
May 23, 2023 Opinion or Order Filing 201 ORDER: This Court DENIES Petitioner's claim for relief as to Ground 7 of his Second Amended Petition. Petitioner's Second Amended Habeas Petition is GRANTED as to SAP Ground 1, and DENIED as to all other claims, as set forth in the 3/6/2020 Report and Recommendation at Dkt. # 151 . Signed by Judge Richard A. Jones. (SS)
July 10, 2020 Opinion or Order Filing 181 ORDER denying Respondent's 176 Motion to Stay the Writ Pending Appeal. Signed by Judge Richard A. Jones.(MW)
June 18, 2020 Opinion or Order Filing 174 ORDER ADOPTING 151 REPORT AND RECOMMENDATION: Petitioner's objections to the Report and Recommendation are OVERRULED. Dkt. # 154 . Respondent' objections to the Report and Recommendation are OVERRULED. Dkt. # 161 . Petitioner' s Second Amended Habeas Petition is GRANTED as to SAP Ground 1 and DENIED as to all other claims. Dkt. # 125 . Petitioner's convictions in Counts I and III are VACATED, and the State is ORDERED to release petitioner unless he is resentenced on the remaining convictions within 15 days of the date of this Order. Petitioner's request for an evidentiary hearing is DENIED. A certificate of appealability is GRANTED as to SAP Ground 7 and DENIED as to all other claims. See 28 U.S.C. § 2253(c). Signed by Judge Richard A. Jones. (MW)
January 16, 2020 Opinion or Order Filing 146 ORDER DIRECTING RESPONDENT TO FILE BRIEF ADDRESSING PETITIONER'S SUPPLEMENTAL AUTHORITY: On 12/31/2019, petitioner filed a notice of supplemental authority directing the Court's attention to a recent published decision by the Washington Court of Appeals, State v. Dawley, which addresses the constitutionality of the statute at issue in this case. (Dkt. 145 .) On or before 1/31/2020, respondent shall file a supplemental brief addressing Dawley's impact on the instant case and responding to the arguments petitioner raises in his notice. Petitioner shall not file a reply unless directed by the Court. The Clerk is directed to RE-NOTE respondent's answer (Dkt. 133 ) and petitioner's motion to expand the record (Dkt. 126 ) for 1/31/2020. The Court directs the Clerk to SUBSTITUTE Donald Holbrook, the WSP Superintendent, as the respondent in this action. Signed by Hon. Mary Alice Theiler. (MW)
September 20, 2019 Opinion or Order Filing 142 ORDER granting Respondent's 140 Motion for Extension of Time: The parties are to file their supplemental briefs on or before 10/4/2019. Respondent's 133 Answer, and Petitioner's 126 Motion to Expand the Record are re-noted for 10/4/2019. Signed by Hon. Mary Alice Theiler.(MW)
August 30, 2019 Opinion or Order Filing 139 ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFS: Respondent's answer (Dkt. 133 ) and Petitioner's motion to expand the record (Dkt. 126 ) RE-NOTED for 9/20/2019. Signed by Hon. Mary Alice Theiler. (MW)
August 29, 2019 Opinion or Order Filing 138 ORDER denying Respondent's 131 Motion to Accept Surreply; denying as moot Petitioner's 132 Motion to Strike. Signed by Hon. Mary Alice Theiler.(MW)
April 17, 2019 Opinion or Order Filing 122 ORDER granting Respondent's 118 Motion for a more definite statement; denying as moot Respondent's 117 Motion for Extension of Time to Answer; and denying Petitioner's 120 Motion for Sanctions. Signed by Hon. Mary Alice Theiler. (TH)
February 6, 2019 Opinion or Order Filing 116 ORDER SETTING BRIEFING SCHEDULE. The Court ORDERS respondent to file his answer, addressing all of the claims raised in petitioner's amended habeas petition, by 3/15/2019. Respondent shall note the answer for 3/29/2019. Petitioner shall file a reply by the noting date. Signed by Hon. Mary Alice Theiler. (TH)
January 24, 2019 Opinion or Order Filing 113 ORDER granting Petitioner's 109 Motion for Leave to File Supplemental Brief. Petitioner shall file his supplemental brief within 14 daysof the date of this Order. The Court RESERVES RULING on petitioner's request to set a briefing schedule. Within 14 days of the date of this Order, the parties shall meet and confer and then file a joint status report proposing a briefing schedule. Signed by Hon. Mary Alice Theiler. (TH)
January 9, 2019 Opinion or Order Filing 111 ORDER LIFTING STAY re parties' 108 Joint Motion. Signed by Hon. Mary Alice Theiler. (SWT)
August 10, 2017 Opinion or Order Filing 103 ORDER granting petitioner's 101 Motion to Stay pending completion of the state court personal restraint petition that petitioner will file in the near future. Within 30 days after issuance of the mandate or certificate of finality in the sta te court proceedings, the parties shall meet and confer and advise the Court whether the federal habeas action is ready to proceed. Once the parties have advised the Court that the stay may be lifted, the Court will set a schedule for additional briefing signed by Hon. Mary Alice Theiler.(RS)
June 30, 2017 Opinion or Order Filing 99 ORDER RE: VARIOUS MOTIONS AND ORDERING PETITIONER TO FILE AN AMENDED HABEAS PETITION denying petitioner's 91 Motion for leave to file a supplemental brief but grants him leave to file an amended petition within 30 days; granting petitioner's 97 Motion to strike respondent's surreply 96 signed by Hon. Mary Alice Theiler.(RS)
May 17, 2017 Opinion or Order Filing 92 ORDER granting Petitioner's 82 Motion to Appoint Counsel, The Court appoints Assistant Federal Public Defender Ann Wagner to represent petitioner in these proceedings ; the stay in this matter is TEMPORARILY LIFTED ; RENOTING to 6/9/2017 Peti tioner's 91 MOTION to file Supplemental Brief/NOTICE of Intent to Seek Appointment, Response due 6/5/2017, Reply due 6/9/2017 ; by Hon. Mary Alice Theiler. **2 PAGE(S), PRINT ALL**(Marlow Eggum, Prisoner ID: 879587)(SWT) Modified on 5/17/2017 (SWT). (cc Ann Wagner via email)
April 18, 2017 Opinion or Order Filing 90 ORDER granting petitioner's 89 Third Motion for Extension of Time; petitioner's 82 MOTION to Appoint Counsel is renoted for 5/12/17 by Hon. Mary Alice Theiler.**2 PAGE(S), PRINT ALL**(Marlow Eggum, Prisoner ID: 879587)(RS) cc FPD
March 29, 2017 Opinion or Order Filing 88 ORDER granting FPD's Second 87 Motion for Extension of Time until 4/11/17 to advise court by Hon. Mary Alice Theiler.**1 PAGE(S), PRINT ALL**(Marlow Eggum, Prisoner ID: 879587)(RS)cc FPD
February 8, 2017 Opinion or Order Filing 83 ORDER REFERRING CASE TO FEDERAL PUBLIC DEFENDER re 82 MOTION to Appoint Counsel filed by Marlow Todd Eggum; FPD to advise court within 21 days by Hon. Mary Alice Theiler. **2 PAGE(S), PRINT ALL**(Marlow Eggum, Prisoner ID: 879587)(RS) cc FPD
July 30, 2015 Opinion or Order Filing 42 ORDER GRANTING RESPONDENT'S MOTION TO STAY HABEAS PETITION - Respondent's motion to stay (Dkt. 37) is GRANTED; action is STAYED pending completion of petitioner's pending PRP by Hon. Mary Alice Theiler. (PM) cc: petitioner
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Petitioner: Marlow Todd Eggum
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Respondent: Jeffrey Uttecht
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