Simmons #063313 v. Brewer
| Lamar Simmons |
| Janice K Brewer and Attorney General of the State of Arizona |
| 2:2012cv01148 |
| May 30, 2012 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Steven P Logan (PS) |
| Frederick J Martone |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
46
ORDER - The judgment from which relief is sought was entered over four years ago. The Magistrate Judge concluded that it was untimely under both Rule 60(b)(1) and 60(b)(6), Fed. R. Civ. P. Plaintiff fails to demonstrate how his motion could be cons trued as timely under the relevant Rule 60 standards. Accordingly, we accept the Recommendation of the Magistrate Judge. (Doc. 45 ). It is therefore ORDERED DENYING Petitioner's Motion for Relief from Judgment. (Doc. 41 ). Signed by Senior Judge Frederick J Martone on 1/8/18. (LAD)
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Filing
36
ORDER ACCEPTING 33 Report and Recommendation of the United States Magistrate Judge. IT IS ORDERED DENYING AND DISMISSING with prejudice the second amended petition for writ of habeas corpus (Doc. 10 ). IT IS FURTHER ORDERED DENYING petitioner� 39;s motion to stay or alternatively dismiss without prejudice (Doc. 34 ). IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal because dismissal of the habeas petition is required by the expiration of the statute of limitations and jurists of reason would not find the ruling debatable. Signed by Senior Judge Frederick J Martone on 10/9/13. (LSP)
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