Miller #262220 v. Unknown Parties
| Charles L Ryan and Attorney General of the State of Arizona |
| Frederick Angus Miller, Jr. |
| 2:2016cv01427 |
| May 9, 2016 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| 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
52
ORDER: Judge Bade's R&R 43 is accepted. The petition for writ of habeas corpus 8 is denied. Respondents' motion to dismiss 34 is denied as moot. Petitioner's motion for further review 37 is granted for reasons stated by Judge B ade. Petitioner's motion for extension of time to file a reply 48 is denied. The motion suggests that Petitioner has not received legal materials after December 13, 2017, but the last filing in this case before the motion was on November 22, 2 017. 47 . What is more, a reply is unnecessary because Petitioner did not make any specific objections to the R&R, and the Court will not consider new arguments in a reply brief. Petitioner has also filed a motion suggesting that the place of his cu rrent incarceration is interfering with his access to court filings and otherwise mistreating him. (Docs. 49 , 51 ). The motion is denied. For reasons stated above, it does not identify any specific way in which the alleged interference has had a m aterial effect on this proceeding. And his alleged mistreatment is not a matter that can be raised in this habeas petition. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 3/05/2018. (REK)
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Filing
21
ORDER ADOPTING REPORT AND RECOMMENDATION accepting 17 Judge Bade's Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied, and a certificate of appealability is denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 12/2/16. (DXD)
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