Braxton v. Arizona, State of
| Chad Everett Braxton |
| Arizona, State of |
| 2:2013cv01916 |
| September 16, 2013 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Bridget S Bade (PS) |
| David G Campbell |
| Prisoner: Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
35
ORDER - Adopting Magistrate Judge Bade's 33 R&R in its entirety and incorporating same into this Order. IT IS FURTHER ORDERED denying the 22 Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 and dismissin g this matter with prejudice. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal in this matter because the dismissal of the instant Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Judge John J Tuchi on 08/31/2015. (ATD)
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Filing
15
ORDER - Petitioner's postcard, which the Court construes as a Motion to Re-Open (Doc. 14 ), is granted. The Clerk of Court must vacate the March 28, 2014 Judgment and reopen this case. Petitioner has 30 days from the filing date of this Order to file a second amended petition in compliance with the February 12, 2014 Order. Petitioner must clearly designate on the face of the document that it is the "Second Amended Petition." If Petitioner fails to file a second amended petition within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action. (See document for further details). Signed by Judge David G Campbell on 6/10/14. (LAD)
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Filing
10
ORDER - (1) The Amended Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Non-Death Penalty) (Doc. 8 ) is dismissed for failure to allege the particular federal constitutional right violated in each gro und. Petitioner has 30 days from the filing date of this Order to file a second amended petition in compliance with this Order. Petitioner must clearly designate on the face of the document that it is the "Second Amended Petition." (2) If Petitioner fails to file a second amended petition within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action. (See document for further details). Signed by Judge David G Campbell on 2/12/14. (LAD)
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| Petitioner: Chad Everett Braxton | |
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| Respondent: Arizona, State of | |
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