Camargo v. Ryan et al
| Alfredo Camargo |
| Charles L Ryan and Attorney General of the State of Arizona |
| 2:2013cv02488 |
| December 6, 2013 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pima |
| James F Metcalf (PS) |
| Neil V Wake |
| Prisoner: Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
132
ORDER ADOPTING REPORT AND RECOMMENDATION in part and rejecting in part as discussed herein re: 114 Report and Recommendation. Petitioner's Renewed Second Amended Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 is denied with prejudice. Petitioner's Renewed Motion for Expansion of the Record and an Evidentiary Hearing (Doc. 107 ) is denied. Respondent Attorney General of the State of Arizona, who does not have custody of Petitioner Alfredo Camargo, is dismisse d as an improper party in a federal habeas corpus proceeding. The Clerk shall enter judgment in favor of Respondent David Shinn and against Petitioner Alfredo Camargo. The Clerk shall terminate this case. A certificate of appealability is denied. Signed by Senior Judge Neil V Wake on 8/13/20. (DXD)
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Filing
40
ORDER ADOPTING 38 Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED that the court's March 9, 2015 order (Doc. 26 ) temporarily vacating its March 4, 2015 order (Doc. 23 ) and the Clerk's Judgment (Doc. 24 ) is vacated. The court's March 4, 2015 order (Doc. 23 ) adopting the Magistrate Judge's initial Report and Recommendation (Doc. 19 ) is reinstated. The Clerk shall enter judgment denying and dismissing Petitioner's First Amended Petit ion for Writ of Habeas Corpus (Doc. 6 ). A certificate of appealability is granted on the following questions: (1) whether Petitioner's federal habeas petition should be considered timely under 28 U.S.C. § 2244(d), (2) whether Petitioners Fifth, Sixth, and Fourteenth Amendment rights were violated by the "constructive denial of the right to counsel," and (3) whether Petitioners Fifth, Sixth, and Fourteenth Amendment rights were violated by his PCR counsel's failure to raise the trial court's constructive denial of Petitioner's right to effective assistance of counsel. The certificate of appealability shall not certify any other questions (Ninth Circuit Case Number: 15-15622). Signed by Judge Neil V Wake on 5/4/15. (LSP)
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Filing
23
ORDER ACCEPTING 19 Amended Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED that a Certificate of Appealability is granted.The Clerk to enter judgment denying and dismissing Petitioners First Amended Petition (Doc. 6 ) with prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 3/3/2015. (ACL)
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