Andreozzi v. Tracy

Petitioner: Armand Andreozzi
Respondent: Kathryn Tracy
Case Number: 2:2016cv00562
Filed: February 29, 2016
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Referring Judge: Bridget S Bade (PS)
Presiding Judge: David G Campbell
Nature of Suit: General
Cause of Action: 28:2241
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
October 3, 2016 23 Opinion or Order of the Court ORDER ADOPTING REPORT AND RECOMMENDATION: The Court will accept Judge Bade's 16 Report and Recommendation, but on a different basis. The Petition for writ of habeas corpus (Doc. 1 ) is denied without prejudice. The Clerk of the Court is d irected to terminate this action. A certificate of appealability is denied because the Court concludes that the Petition plainly cannot be pursued as a habeas action and the Court should not recharacterize it as a civil rights claim. The Court does not believe that reasonable jurists would disagree, particularly in light of the Ninth Circuit's recent decision in Nettles, 2016 WL 4072465. Signed by Judge David G Campbell on 10/3/16. (KGM)

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Petitioner: Armand Andreozzi
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Respondent: Kathryn Tracy
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