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06-1148 - Mullins v. Schriro et al


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06-1148 - Mullins v. Schriro et al
August 10, 2007
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REPORT AND RECOMMENDATIONS Recommended that Petitioner's 9 Amended Petition for Writ of Habeas Corpus be DENIED. Signed by Judge Lawrence O Anderson on 08/10/07. (ESL)
December 17, 2007
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ORDER that the 25 Report and Recommendation is accepted with respect to all those claims that it does address. That the Report and Recommendation is rejected only to the extent it fails to make a recommendation on Petitioners claim that Mr. Huls provided ineffective assistance by failing to inform Petitioner of the potential sentence he faced at trial if he rejected the plea offer (open attached pdf for full details). This case is referred again to the Magistrate Judge for a further report and recommendation on the omitted issue. Signed by Judge Neil V Wake on 2/17/07.(ESL)
April 18, 2008
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ORDER that Petitioner's pro se 47 Motion to Postpone Evidentiary Hearing is denied without prejudice. Signed by Magistrate Judge Lawrence O Anderson on 04/18/08.(ESL, )
July 16, 2008
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ORDER granting 52 Motion to Continue to Extend Time to File Joint Briefand Continue Evidentiary Hearing. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Lawrence O Anderson on 7/16/08.(MAP)
July 23, 2008
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ORDER that the agreed-upon firm date and time for the Evidentiary Hearing is 09/03/08 at 2:00 p.m. IT IS FURTHER ORDERED the agreed-upon deadline for a (1) written list of witnesses to be called during the hearing and the nature and purpose of their testimony; and (2) a written list of exhibits to be presented during the hearing and the nature and purpose thereof shall be no later than 5:00 p.m. on Wednesday, 08/2008. Evidentiary Hearing set for 9/3/2008 02:00 PM before Magistrate Judge Lawrence O Anderson.. Signed by Magistrate Judge Lawrence O Anderson on 07/23/08. (DNH)
August 15, 2008
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ORDER that the Courts 7/31/08 Order Appointing Investigator 64 is VACATED. FURTHER ORDERED that Petitioners 68 Application for Authorization of Fees and Expenses for Investigator is GRANTED to the extent the Court authorizes travel expenses for counsel, Joy Bertrand, to travel to Utah to interview Clayton Mullins in an amount not to exceed $658.50. The motion is DENIED in all other respects. FURTHER ORDERED that the Clerk of Court shall unseal docket numbers 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70 and 71 and shall provide copies of those orders and motions to counsel for Respondents. Signed by Magistrate Judge Lawrence O Anderson on 8/14/08.(MAP)
September 2, 2008
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ORDER vacating re 54ORDER SECURING ATTENDANCE OF PRISONER AT EVIDENTIARY HEARING. Directing the undersigneds staff to fax a copy of this Order to the attention of Shirley Massey, Corrections Records Clerk, II, at the Arizona State Prison, Eyman Unit, at fax number (520) 868-5713.. Signed by Magistrate Judge Lawrence O Anderson on 9/2/08. (DMT, )
September 2, 2008
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ORDER that Robert Stewart, Warden of the Arizona State Prison Complex in Florence, Arizona, Cook Unit- Eyman, through its employee, CO III Richard McGraugh make the necessary arrangements for Petitioner Isaac J. W. Mullins, Inmate #158541, to receive the Court's call promptly at 2:00 pm for the telephonic Evidentiary Hearing set for 9/3/2008 02:00 PM before Magistrate Judge Lawrence O Anderson at the phone number set forth in this order. Directing the undersigneds staff to fax a copy of this Order to Warden Robert Stewart at the Main Fax number of (520) 868-5333 and to CO III Richard McGraughs fax number at (520) 868-8527 to the attention of D. W. Bock.. Signed by Magistrate Judge Lawrence O Anderson on 9/2/08. (DMT, )
September 3, 2008
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ORDER that the Utah State Prison, through its employees, Sgt. Dan Jorgensen and/or Sgt. Spencer Turley shall make the necessary arrangements to produce inmate Clayton Mullins and place the call to the aforesaid phone number on Wedensday, September 3, 2008, promptly at 2:00 p.m. Arizona time. Directing the undersigneds staff to fax a copy of this Order to Sgt. Dan Jorgensen and Sgt. Spencer Turley to fax number (801) 576- 4028. Signed by Magistrate Judge Lawrence O Anderson on 9/2/08. (DMT, )
September 4, 2008
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ORDER AND REPORT AND RECOMMENDATION granting Motion 95 to Withdraw his Notice of Change of Counsel and the Clerk of Court shall terminate Petitioners Notice of Change of Counsel 80. FURTHER ORDERED denying Motion to Seal her Response to Petitioners Notice of Change of Counsel, in view of the discussion of this issue in open court during the 9/3/08 hearing. HEREBY RECOMMENDING that the Court accept findings that Petitioner knowingly, voluntarily, and intelligently withdraws the following claim asserted in his Amended Petition for Writ of Habeas Corpus: that Kenneth Huls was ineffective for failing to advise Petitioner of the potential sentence he faced if he rejected a plea offer and proceeded to trial, and that the Court grant Petitioners Motion to Withdraw Ground Two of Petition for Habeas Corpus Relief 94. Signed by Magistrate Judge Lawrence O Anderson on 9/4/08. (MAP)
September 22, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 98. That attorney Joy Bertrand is discharged and terminated as counsel for Petitioner. That the Clerk of the Court enter judgment dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254 1) with prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 9/22/08. (DMT, )