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00-1896 - Rogovich, et al v. Stewart, et al


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00-1896 - Rogovich, et al v. Stewart, et al
January 6, 2006
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ORDER denying as moot the 147 Motion to Expedite the habeas proceedings. . Signed by Judge Roslyn O Silver on 1/5/06. (SBU, )
June 6, 2006
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ORDER re 55 FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS PURS TO 28 USC 2254. Claim 11 is DISMISSED without prejudice as premature. The Fifth Amendment aspects of all of Petitioner's claims and the Eighth Amendment aspects of Claims 1-4, 9, and 10 are DISMISSED as noncognizable for habeas relief. Claims 3 (to the extent it alleges IAC), 7A(2)-(5) and 7B are DISMISSED WITH PREJUDICE on the merits. The following claims or portions thereof are DISMISSED WITH PREJUDICE as procedurally barred: (a) the right to counsel, due process, and equal protection allegations of Claim 1; (b) the right to counsel and equalprotection allegations of Claim 2; (c) Claims 7A(1), 8A and 9A; and (d) the trial IAC allegation of Claim 10. No later than forty-five (45) days following entry of this Order, Petitioner shall file a Memorandum regarding the merits of the remaining claims. No later than forty-five (45) days following the filing of Petitioner's Memorandum, Respondents shall file a Response Re: Merits. No later than twenty (20) days following the filing of Respondents' Response, Petitioner may file a Reply. Pursuant to LRCiv 7.2(g), Petitioner or Respondents file a Motion for Reconsideration of this Order, such motion shall be filed within fifteen (15) days of the filing of this Order. Clerk of Court forward a copy of this Order to the Clerk of the Arizona Supreme Court. Signed by Judge Roslyn O Silver on 06/06/06. (KCS)
November 2, 2006
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er on 11/1/06. (LCF)ORDER granting 162 Respondents' Motion for Extend Time to file their Merits Response. Respondents' Merits Response shall be filed by 12/4/06. FURTHER ORDERED that Petitioner may file a Merits Reply by 1/8/07. Signed by Judge Roslyn O Silv
December 13, 2006
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ORDER granting 165 Motion for Extension of Time. Respondents' Merits Response shall be filed by 1/18/07. IT IS FURTHER ORDERED that Petitioner may file a Reply by 2/20/07. Signed by Judge Roslyn O Silver on 12/13/06.(LSP)
July 14, 2008
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MEMORANDUM OF DECISION AND ORDER denying 55 Petitioner's AMENDED PETITION FOR WRIT OF HABEAS CORPUS PURS TO 28 USC 2254. The Clerk shall enter judgment accordingly. IT IS FURTHER ORDERED vacating the stay of execution issued by this Court on 10/6/00. IT IS FURTHER ORDERED denying a Certificate of Appealability. The Clerk shall forward a copy of this Order to Rachelle M Resnick. Signed by Judge Roslyn O Silver on 7/14/08. (LSP)