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06-1701 - Windfeldt v. Schriro et al


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06-1701 - Windfeldt v. Schriro et al
October 19, 2007
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ORDER - IT IS ORDERED that the discussion and analysis of Petitioner's constructive amendment claim contained in 39 Report and Recommendation is adopted. FURTHER ORDERED that Petitioner's claim for consructive amendment is denied with prejudice. Petitioner shall not raise this procedurally defaulted claim again. FURTHER ORDERED that Petitioner's various motions seeking leave to amend (42, 43, 47) are granted to the limited extent that these motions request leave to amend to add a claim for ineffective assistance of counsel. FURTHER ORDERED that within 60 days of this Order, Petitioner may file an amended Petition asserting a claim for ineffective assistance of counsel. FURTHER ORDERED that if Petitioner does not file an amended Petition within 60 days, the Clerk shall dismiss Petitioner's Writ of Habeas Corpus (Dkt. 1) with prejudice. Signed by Judge Earl H Carroll on 10/18/07. (SAT)
June 19, 2008
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ORDER - IT IS ORDERED granting 62, 63 Petitioner's "Reply to ECV's Report and Recommendation & Request for Evidentiary Hearing & Request for Appealability to 9th Circuit" to the limited extent that it requests an evidentiary hrg. FURTHER ORDERED setting an Evidentiary Hrg for 8/14/08 at 9:00 a.m. in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Earl H Carroll with Petitioner to be personally present. Petitioner shall file with the Court a list of evidence and witnesses, if any, that will be introduced at the hrg no later than 7/31/08. FURTHER ORDERED granting Petitioner's 66 "Motion to to Clarify Difference in Plea v. Risk of Trial Right Denied" to the extent that Petitioner's clarifications will become part of the record in this matter. FURTHER ORDERED deferring a ruling on the 61 Report and Recommendation until after the Evidentiary Hrg. Signed by Judge Earl H Carroll on 6/19/08. (SAT)
October 2, 2008
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ORDER adopting the Report and Recommendation 61. FURTHER ORDERED that Petitioner's Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 54 is DENIED and DISMISSED WITH PREJUDICE. Signed by Judge Earl H Carroll on 10/1/08. (KMG, )