Melendrez v. Gilbert
| Vincent Paul Melendrez |
| Margaret Gilbert |
| 2:2017cv00984 |
| June 29, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| Richard A Jones |
| Brian A Tsuchida |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
72
ORDER ADOPTING 68 REPORT AND RECOMMENDATION. Petitioner's "motion for finding of subterfuge" (Dkt. 55 ) is DENIED. Petitioner's "motion for evidentiary hearing" (Dkt. 64 ) is DENIED. The amended federal habeas petition (Dkt. 18 ) is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is also DENIED. Signed by Judge Richard A. Jones. **2 PAGE(S), PRINT ALL** (Vincent Melendrez, Prisoner ID: 373005) (SR)
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Filing
62
MINUTE ORDER: The Court previously mistakenly directed that the amended habeas petition (Dkt. 18 ) be noted for July 30, 2021, when, in fact, it is the respondent's answer (Dkt. 57 ) that should have been noted for consideration. See Dkt. [5 6]. Accordingly, the Court directs the Clerk to correct the docket to reflect that it is the respondent's answer (Dkt. 57 ), not the amended habeas petition (Dkt. 18 ), that is noted for consideration for July 30, 2021. The Clerk is further directed to terminate the motion designation for the amended habeas petition (Dkt. 18 ). Authorized by Hon. Brian A Tsuchida. **1 PAGE(S), PRINT ALL**(Vincent Melendrez, Prisoner ID: 373005)(MW)
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Filing
56
ORDER LIFTING STAY, DIRECTING ANSWER, AND SUBSTITUTION OF NAMED RESPONDENT: The stay of proceedings is lifted. Respondent shall file an Answer to the amended petition by July 14, 2021. Any reply that Petitioner wishes to file must be filed by July 28, 2021. The Clerk shall note the amended petition, Dkt. 18 , on July 30, 2021, as ready for the Court's consideration. A notice was filed that the proper Respondent is Ronald Haynes as the prior Respondent, Margaret Gilbert, has retired. The clerk shall therefore substitute Ronald Haynes as Respondent in this matter. Signed by Hon. Brian A Tsuchida.**3 PAGE(S), PRINT ALL**(Vincent Melendrez, Prisoner ID: 373005)(MW)
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Filing
52
ORDER DIRECTING PETITIONER TO RESPOND TO RESPONDENT'S STATUS REPORT. Petitioner shall respond to the status report no later than May 7, 2021, and indicate whether state proceedings are completed. Respondent may file a response no later than May 12, 2021. Signed by Hon. Brian A Tsuchida. **1 PAGE(S), PRINT ALL**(Vincent Melendrez, Prisoner ID: 373005)(SR)
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Filing
50
ORDER EXTENDING STAY OF HABEAS ACTION: Petitioner's motion to continue stay of this federal habeas action, Dkt. 48 , is GRANTED in part; The parties shall file separate status reports by June 1, 2021 regarding whether the Washington Supreme Court has resolved petitioner's pending motions to modify or recall. If the Washington Supreme Court resolves the pending motions earlier than June 1, 2021, the parties shall immediately inform the Court. Signed by Hon. Brian A Tsuchida.**2 PAGE(S), PRINT ALL**(Vincent Melendrez, Prisoner ID: 373005)(MW)
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Filing
46
ORDER DIRECTING PETITIONER TO FILE RESPONSE REGARDING REQUEST TO LIFT STAY re 45 Status Report. If petitioner believes the stay of this proceeding should stay in place, he shall file a motion to continue stay with supporting reasons. The motion shall be filed no later than February 22, 2021. If petitioner believes the stay should be lifted, he shall file a motion to lift the stay and a motion for leave to file an amended federal habeas petition no later than February 22, 2021. Signed by Hon. Brian A Tsuchida. **2 PAGE(S), PRINT ALL**(Vincent Melendrez, Prisoner ID: 373005)(LH)
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Filing
32
ORDER granting Petitioner's 28 Motion to Withdraw Attorney. The Court allows Petitioner to proceed pro se. Signed by Hon. Brian A Tsuchida. (TH) (cc: Petitioner via USPS)
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Filing
21
ORDER granting Petitioner's 19 Unopposed Motion to Stay ; directing respondent and petitioner each to file a status report with Magistrate Judge Brian A. Tsuchida every one hundred twenty (120) days, beginning one hundred twenty (120) days from the date of this order ; all pending deadlines are stricken, and respondent need not file an Answer to the petition until forty-five (45) days after the stay of proceedings is lifted, signed by Hon. Brian A Tsuchida.(SWT)
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Filing
17
ORDER granting Petitioner's 15 Motion to Amend Briefing Schedule. Petitioner's Amended Petition is due on or before 9/27/2017, Respondent's Answer is due on or before 11/29/2017, Petitioner's Reply is due on or before 12/18/2017, Respondent's Surreply is due on or before 12/22/2017, and the Noting Date is set for 12/22/2017, signed by Hon. Brian A Tsuchida. (TH)
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Filing
14
ORDER denying petitioner's 8 Motion to amend briefing schedule signed by Hon. Brian A Tsuchida.(RS)
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Filing
7
ORDER FOR SERVICE § 2254 PETITION, ANSWER, AND APPOINTMENT OF COUNSEL by Hon. Brian A Tsuchida. Served by certified mail on 7/11/17 to Margaret Gilbert; Attorney General of the State of Washington. (Ad Hoc, Michael Filipovic. Hard copies of documents also sent to counsel via U.S. Postal Service)**3 PAGE(S), PRINT ALL**(Vincent Melendrez, Prisoner ID: 373005)(ST)
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| Petitioner: Vincent Paul Melendrez | |
| Represented By: | Michael Filipovic(Designation Public Defender or Community Defender Appointment) |
| Represented By: | Ann Wagner |
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| Respondent: Margaret Gilbert | |
| Represented By: | Paul Douglas Weisser |
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