ORDER SETTING DUE DATE FOR PETITIONER'S REPLY AND RENOTING RESPONSE

BRIAN A. TSUCHIDA, Magistrate Judge.

On June 10, 2019, the Court granted petitioner's motion to stay the federal habeas proceedings pending a decision by the Washington State Supreme Court in State v. Moretti, No. 95263-9. Dkt. 36. Petitioner requested the stay contending the Moretti decision may provide grounds to file a state court personal restraint petition (PRP) challenging the constitutionality of his sentence.

On August 22, 2019, petitioner filed a notice that the Washington State Supreme Court decided State v. Moretti, No. 95263-9. Dkt. 38. Moretti holds a life-without-parole sentence based upon a first strike committed in late adolescence and early-adulthood does not categorically violate the Washington Constitution which is more protective than the United States Constitution. Because this matter was stayed pending the outcome of the Morretti appeal, the Court ORDERS:

(1) Petitioner shall advise the Court by August 30, 2019, whether the federal habeas proceedings should remain stayed because petitioner intends to file a PRP in the state courts based upon the Morretti decision.

(2) If petitioner advises that a PRP will not be filed, then petitioner is directed to file a reply brief in opposition to the response filed herein at Dkt. 24. The reply brief will be due no later than September 23, 2019.

(3) The clerk shall renote the response, Dkt. 24, for September 27, 2019.