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ORDER GRANTING PETITIONER’S 

MOTION TO DISMISS § 2254 PETITION

PAGE – 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

PARAMJIT SINGH DHALIWAL,

Petitioner,

v.

KENNETH QUINN,

Respondent.

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Case No. 06-211-RSL

ORDER GRANTING PETITIONER’S

MOTION TO DISMISS § 2254

PETITION

This matter comes before the Court on petitioner Paramjit Singh Dhaliwal’s “Status

Report and Motion to Dismiss,” filed October 31, 2007. Dkt. No. 44. Respondent has filed a

response indicating no opposition to plaintiff’s motion. Dkt. No. 46. After careful

consideration of the motion, supporting materials, governing law and the balance of the record,

the Court GRANTS petitioner’s motion and ORDERS that his habeas corpus petition be

DISMISSED with prejudice, for the following reasons:

On February 13, 2006, petitioner filed a 28 U.S.C. § 2254 petition for writ of habeas

with this Court. Dkt. No. 1. In March and April 2007, after multiple extensions of the

discovery deadline, both parties moved for summary judgment. See Dkt. Nos. 31-39. On May

16, 2007, United States Magistrate Judge James P. Donohue determined that, as a result of

additional discovery ordered, the record contained substantial information that was not before

the Washington Supreme Court or Court of Appeals. Accordingly, the Court concluded that

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ORDER GRANTING PETITIONER’S 

MOTION TO DISMISS § 2254 PETITION

PAGE – 2

petitioner had presented a mixed petition and ordered petitioner to select the method of

proceeding in this case. Upon the election of the petitioner, and good cause having been

shown, the Court directed that petitioner’s case be stayed and his § 2254 petition held in

abeyance, enabling petitioner to make every effort to pursue his unexhausted claims in state

court. Dkt. No. 42.

Since that time, the parties have engaged in comprehensive settlement discussions and,

pursuant to CrR 7.8(b), have agreed that the King County Superior Court should vacate the

original Judgment and Sentence of March 30, 2001. This agreement was contingent upon

petitioner’s agreement to enter a plea of guilty to an amended information charging one count

of second-degree murder, and with the parties making a joint recommendation that petitioner

should be sentenced to 123 months in custody, with credit for time served.

On October 31, 2007, petitioner returned to King County Superior Court, where the

Honorable William Downing accepted the parties’ agreed resolution and took four specific

actions. First, the court entered an Order vacating the original Judgment and Sentence of

March 30, 2001. Second, the court granted the prosecution’s motion to file a Fourth

Amended Information charging one count of murder in the second degree (without any firearm

allegation). Third, the court accepted petitioner’s Alford plea of guilty to the charge in the

Fourth Amended Information. Fourth and finally, the court entered a new Judgment and

Sentence which sentenced petitioner to 123 months (with credit for time served).

(1) The parties’ agreed resolution, along with the actions taken by the King County

Superior Court, resolves all pending matters in this case. Accordingly, no further proceedings

are necessary regarding Case No. 06-211-RSL. Petitioner’s § 2254 petition is DISMISSED

with prejudice, and the Clerk of Court is directed to CLOSE this case.

(2) The Clerk of Court is further directed to send a copy of this Order to the parties

and to the Honorable James P. Donohue.

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ORDER GRANTING PETITIONER’S 

MOTION TO DISMISS § 2254 PETITION

PAGE – 3

DATED this 6th day of November, 2007.

A

Robert S. Lasnik

United States District Judge

Recommended for entry this

6th day of November, 2007.

s/ JAMES P. DONOHUE 

United States Magistrate Judge

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