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07-574 - Martinez v. Schriro et al


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07-574 - Martinez v. Schriro et al
August 27, 2007
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REPORT AND RECOMMENDATIONS recommending 4 MOTION to Dismiss Case Be denied as Moot to the extent that it seeks leave of this Court to proceed in the Arizona courts; denied to the extent that it seeks a stay of procedings and Construed as a notice of dismissal as of right pursuant to Rule 41(a), Fed.R.CV. Proc. Recommending re 1 Petition for Writ of Habeas Corpus be Dismissed without prejudice. Signed by Judge Jay R Irwin on 8/27/07. (DMT, )
March 14, 2008
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ORDERED that Petitioner's "Motion: Withdrawal of Dismissal of Habeas State Will Procedurally Bar Return" 15, construed as an Objection to the dismissal recommended by the Magistrate Judge in the Report and Recommendation 13, is sustained. ORDERED that, in the alternative, Petitioner's "Motion: Withdrawal of Dismissal of Habeas State Will Procedurally Bar Return" 15 is granted. ORDERED that Petitioner's "Motion for Dismissal 4, to the extent construed as a "notice" of voluntary dismissal, is withdrawn. ORDERED that the Court does not adopt the Magistrate Judge's Report and Recommendation to the extent that it recommends dismissal of the Petition for Writ of Habeas Corpus under 28:2254 and to the extent that it recommends denial of Petitioner's request for a stay of proceedings. In all other respects, the Magistrate Judge's Report and Recommendation is adopted as the Order of the Court 13. ORDERED that Petitioner's Motion to Amend 16 is granted. Petitioner will be allowed to file an Amended Petition. ORDERED that Petitioner's Motion to Show Cause or Stay 14 is denied as moot. ORDERED that Petitioner may file an Amended Petition on or before 5/9/08. ORDERED that the Clerk of Court must mail Petitioner a form for filing a habeas petition by a pro se prisoner. ORDERED that this matter is referred to Magistrate Judge Jay R. Irwin for further proceedings and a report and recommendation. Signed by Judge Earl H Carroll on 3/13/08. (TLJ)
November 19, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED that the 23 Report and Recommendation of the Magistrate Judge is adopted in full. FURTHER ORDERED that the 1 Petition for Writ of Habeas Corpus under 28 U.S.C. ยง 2254 is dismissed with prejudice. Signed by Judge Earl H Carroll on 11/18/08. (SAT)