Leary v. Ryan et al
| David Allen Leary |
| Charles L Ryan and Attorney General of the State of Arizona |
| 2:2018cv01633 |
| May 30, 2018 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Mohave |
| Deborah M Fine (PS) |
| Steven P Logan |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
41
*ORDER: IT IS ORDERED that Petitioner's Petition under 28 USC § 2254 is denied and that this action is dismissed with prejudice. The Clerk shall enter judgment accordingly. IT IS FURTHER ORDERED that no certificate of appealability shall be issued and that Petitioner is not entitled to appeal in forma pauperis. (See attached PDF for complete information). Signed by Judge Jennifer G Zipps on 9/30/21.(BAC) *Modified to correct file date on 10/1/2021 (BAC).
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Filing
24
ORDER ADOPTING 22 REPORT AND RECOMMENDATION: IT IS ORDERED that Respondents' 21 Motion to Stay the Deadline to File an Answer is GRANTED, pending final resolution of Petitioner's successive PCR in state court. Petitioner's 19 Mot ion to Deny Respondents' Request for a Stay is DENIED as moot. Petitioner's 20 Motion to Reconsider the Court's Order on Respondents' Request for an Extension is DENIED as moot. IT IS FURTHER ORDERED that this case be referred back to Magistrate Judge Markovich. Signed by Judge Jennifer G Zipps on 5/13/19.(BAC)
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Filing
22
REPORT AND RECOMMENDATION: The Magistrate recommends that the District Court enter an order GRANTING Respondents' 21 Motion for Stay and DENYING Petitioner's 19 , 20 Motions. Magistrate Judge further recommends that the District Court grant a limited-in-time stay until Petitioner's state PCR are complete, that Petitioner be required to file a notice with this Court following the Arizona Court of Appeals decision on his petition for review, and that Respondents be required to file their Answer within 40 days after Petitioner files his notice of the final disposition of his state court proceedings. Magistrate Judge expresses no opinion as to whether Petitioner's unexhausted claims are timely, procedurally defaulted, o r subject to any exceptions. Nor does the undersigned express any opinion as to the merits of Petitioner's habeas claims. Any party may serve and file written objections within 14 days after being served with a copy of this Report and Recommenda tion. A party may respond to another party's objections within 14 days after being served with a copy thereof. No reply to any response shall be filed. If objections are not timely filed, then the parties' rights to de novo review by the District Court may be deemed waived. Signed by Magistrate Judge Eric J Markovich on 3/26/19.(BAC)
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