King # 179391 v. Ryan et al
| Frederick King, Jr. |
| Charles L Ryan and Attorney General of the State of Arizona |
| 2:2014cv01229 |
| June 4, 2014 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Michelle H Burns (PS) |
| Stephen M McNamee |
| Prisoner: Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
19
MEMORANDUM OF DECISION AND ORDER ADOPTING 17 Report and Recommendation of the Magistrate Judge. Petitioner's Petition for Writ of Habeas Corpus is DENIED. The Clerk shall enter judgment. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal was justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Stephen M McNamee on 12/14/15. (LSP)
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Filing
10
ORDER - The Judgment entered August 11, 2014 (Doc. 7 ) is vacated. The Clerk of Court must re-open this case. The Clerk of Court must serve a copy of the Petition (Doc. 5 ) and this Order on the Respondent and the Attorney General of the State of Arizona by certified mail pursuant to Rule 4, Rules Governing Section 2254 Cases. Respondents must answer the Petition within 40 days of the date of service. Petitioner may file a reply within 30 days from the date of service of the answer. This ma tter is referred to Magistrate Judge Michelle H. Burns pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. (See document for further details). Signed by Senior Judge Stephen M McNamee on 11/14/14. (LAD)
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