Delahanty v. Shinn et al
Petitioner: Donald Delahanty
Respondent: David Shinn, James Kimble and Jeffrey Van Winkle
Case Number: 2:2022cv00523
Filed: April 1, 2022
Court: US District Court for the District of Arizona
Presiding Judge: Diane J Humetewa
Nature of Suit: Prisoner: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2022 Opinion or Order Filing 8 ORDER that Petitioner shall file a Petition for Writ of Habeas Corpus no later than January 13, 2023. Respondents shall file an Answer no later than April 14, 2023. Petitioner shall file a reply no later than July 12, 2023. Petitioner shall file his Notice of Request for Evidentiary Development no later than September 11, 2023. Respondents shall file their response to the notice for evidentiary development no later than November 9, 2023. Petitioner shall file his Reply in support of the Notice no later than December 12, 2023. ORDERED vacating the Case Management Conference set for May 10, 2022. IT IS FURTHER ORDERED that the Clerk of the Arizona Supreme Court transmit a certified copy of Petitioner's entire state court record, including the record for Petitioner's co-defendant, Christopher Wilson, (Arizona Supreme Court Nos. CR-09-0133-AP and CR-18-0341-PC, Maricopa County Superior Court Case Nos. CR-2005-114414-001, CR-2005-114414-002 (co-defendant), CR 2008-005625-001, and any related Rule 32 proceedings) with an index of record and including all briefs filed in the Arizona Supreme Court (including Opening, Answering, Reply, Petition for Review, Opposition to Petition for Review, and Reply to Opposition to Petition for Review) and all transcripts, but excluding trial exhibits, to: Nicholas Sommers, Courtroom Services Administrator. The Clerk of Court send a copy of this Order to: Tracie K. Lindeman, Clerk of the Arizona Supreme Court. Signed by Judge Diane J Humetewa on 5/3/2022. (See Order for details.) (LFIG)
May 3, 2022 Filing 7 REPORT of Joint Report Addressing Statute of Limitations, Proposed Briefing Schedule, State Court Case Numbers, and Other Matters re: #4 by Petitioner Donald Delahanty. (Adjoian, Aren)
April 11, 2022 Filing 6 NOTICE OF ATTORNEY SUBSTITUTION: Aren Adjoian appearing for Donald Delahanty. Attorney Shawn Nolan terminated. . (Adjoian, Aren)
April 6, 2022 Filing 5 NOTICE of Appearance by Gregory Michael Hazard on behalf of James Kimble, David Shinn, Jeffrey Van Winkle. (Hazard, Gregory)
April 4, 2022 Opinion or Order Filing 4 ORDER- IT IS ORDERED that Petitioner's Motion for Appointment of Counsel (Doc. #1 ) is GRANTED. Leigh M. Skipper, Federal Community Defender for the Eastern District of Pennsylvania, is appointed as Counsel for Petitioner in this federal habeas corpus proceeding. IT IS FURTHER ORDERED that Petitioners Application to Proceed in Forma Pauperis (Doc. #2 ) is GRANTED. IT IS FURTHER ORDERED that the designated Assistant Federal Community Defender shall file a notice of appearance or substitution with the Court within ten (10) days from receipt of this Order. IT IS FURTHER ORDERED that the Arizona Attorney General shall file a notice of appearance with the Court within ten (10) days from receipt of this Order. IT IS FURTHER ORDERED that the following procedures shall govern the briefing and resolution of this matter: A case management conference will be held on Tuesday, May 10, 2022 at 11:00 a.m. in Courtroom 605 of the Sandra Day OConnor United States Courthouse in Phoenix. Non-local counsel may, if requested, appear by telephone. Any request to appear by telephone must be made at least ten (10) days prior to the scheduled conference. No later than Tuesday, May 3, 2022, the parties shall meet and confer and file with the Court a joint report. IT IS FURTHER ORDERED that the Clerk of Court send a copy of this Order either electronically or through postal mail to Jeffrey Sparks, Assistant Arizona Attorney General. IT IS FURTHER ORDERED that the Clerk of Court forward a copy of this Order to Petitioner Donald David Delahanty, ADCRR #242703, Arizona State Prison Complex, FlorenceCentral Unit, P.O. Box 8200, Florence AZ 85132. See attached Order for complete details. Signed by Judge Diane J Humetewa on 4/4/22. (SMH)
April 1, 2022 Filing 3 *NOTICE OF ASSIGNMENT (MAP) *NEF regenerated on 4/1/2022 (CEI).
April 1, 2022 Filing 2 *APPLICATION for Leave to Proceed In Forma Pauperis by Donald Delahanty. (MAP) *NEF regenerated on 4/1/2022 (CEI).
April 1, 2022 Filing 1 MOTION to Appoint Counsel by Donald Delahanty. (Attachments: #1 Exhibit A, #2 Proposed Order)(MAP)

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Petitioner: Donald Delahanty
Represented By: Shawn Nolan
Represented By: Aren Kevork Adjoian
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Respondent: David Shinn
Represented By: Gregory Michael Hazard
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Respondent: James Kimble
Represented By: Gregory Michael Hazard
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Respondent: Jeffrey Van Winkle
Represented By: Gregory Michael Hazard
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