Parks v. Attorney General of Arizona

Justia Dockets & Filings Ninth Circuit Arizona District Court Parks v. Attorney General of Arizona

Parks v. Attorney General of Arizona

Petitioner:	Edward F Parks
Respondent:	Attorney General of the State of Arizona
Case Number:	2:2016cv04570
Filed:	December 30, 2016
Court:	US District Court for the District of Arizona
Office:	Phoenix Division Office
County:	Pinal
Presiding Judge:	David K Duncan (PS)
Presiding Judge:	Douglas L Rayes
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
June 22, 2018	Filing 45 ORDER ADOPTING REPORT AND RECOMMENDATION and DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS - IT IS ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 41 ) is accepted. Having considered the issuance of a Certi ficate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1 ) with prejudice. Petitioner's motion for new trial (Doc. 44 ) is dismissed as moot. The Clerk shall terminate this a ction. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by a plain procedural bar. (See document for complete details). Signed by Judge Douglas L Rayes on 6/22/18. (SLQ)
May 2, 2018	Filing 41 REPORT AND RECOMMENDATION: ORDERED denying Parks' Motion (Doc. 30 ), Motion for Order to Show Cause (Doc. 35 ), Motion to Dismiss Case (Doc. 36 ), and Motion Requesting Consideration of Newly Discovered Evidence (Doc. 40 ). RECOMMENDED th at Edward F. Parks' Amended Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable.This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. See document for complete details. Signed by Magistrate Judge David K Duncan on 5/2/18. (EJA)

Date Filed

Document Text

June 22, 2018

Filing 45 ORDER ADOPTING REPORT AND RECOMMENDATION and DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS - IT IS ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 41 ) is accepted. Having considered the issuance of a Certi ficate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1 ) with prejudice. Petitioner's motion for new trial (Doc. 44 ) is dismissed as moot. The Clerk shall terminate this a ction. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by a plain procedural bar. (See document for complete details). Signed by Judge Douglas L Rayes on 6/22/18. (SLQ)

May 2, 2018

Filing 41 REPORT AND RECOMMENDATION: ORDERED denying Parks' Motion (Doc. 30 ), Motion for Order to Show Cause (Doc. 35 ), Motion to Dismiss Case (Doc. 36 ), and Motion Requesting Consideration of Newly Discovered Evidence (Doc. 40 ). RECOMMENDED th at Edward F. Parks' Amended Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable.This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. See document for complete details. Signed by Magistrate Judge David K Duncan on 5/2/18. (EJA)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Arizona District Court's Electronic Court Filings (ECF) System

Search for this case: Parks v. Attorney General of Arizona
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Edward F Parks
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: Attorney General of the State of Arizona
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?