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15-2300 - Ashpole v. Beresky et al


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15-2300 - Ashpole v. Beresky et al
March 29, 2016
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REPORT AND RECOMMENDATION: recommending that this proceeding be stayed and the Amended Petition for Writ of Habeas Corpus 5 be held in abeyance pending the Arizona Court of Appeals' decision in case number 1 CA-CR 16-0103-PRPC; and recommending that if the district court adopts this Report and Recommendation, no later than 30 days after the date of service of the district court's order adopting this Report and Recommendation, Respondents and Petitioner must inform the Court of the status of his proceedings in state court; every 90 days after the filing of the initial status report, Petitioner and Respondents must file a new report regarding the status of the state court proceedings. Signed by Magistrate Judge Bridget S Bade on 3/29/16. (REW)
April 29, 2016
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ORDER ACCEPTING and ADOPTING 18 Magistrate Judge Bridget S. Bade's Report and Recommendation. This proceeding is stayed and the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 5) is held in abeyance pending the Arizona Court of Appeals' decision in case number 1 CA-CR 16-0103-PRPC. No later than thirty (30) days after the date of service of this Order, Respondents and Petitioner must inform the Court of the status of his proceedings in state court. See document for details. Signed by Judge Steven P Logan on 4/29/16. (EJA)
February 9, 2018
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REPORT AND RECOMMENDATION, recommending that the Court deny the 5 Amended Petition for Writ of Habeas Corpus. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. See document for complete details. Signed by Magistrate Judge Bridget S Bade on 2/9/2018. (ATD)
April 27, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION. The Magistrate Judges Report and Recommendation (Doc. 55) is accepted and adopted by the Court. Petitioner's Objections (Doc. 56) are overruled. The Petition for Writ of Habeas Corpus (Doc. 5) is denied and this action is dismissed with prejudice. Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. The Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 4/27/18. (EJA)