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11-8067 - Duncan #156698 v. Ryan et al


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11-8067 - Duncan #156698 v. Ryan et al
February 11, 2013
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REPORT AND RECOMMENDATION, Recommending 32 Petitioner's Amended MOTION for a Stay and Abeyance, filed August 8, 2012 be GRANTED to the extent of the relief recommended herein. That this proceeding be STAYED pending completion or expiration of Petitioner's state court proceedings on his July 17, 2012 Arizona post- conviction relief petition, and any petitions for review, etc. therefrom. That the Court enter an Order that: 1) Petitioner and Respondents shall, within fourteen days of the conclusion of the state court proceedings, file with this Court a notice advising the Court of the status of the state court proceedings. 2) Petitioner shall, on or before March 31, 2013, and before the expiration of each calendar quarter thereafter, until termination of the stay, file with this Court a notice advising the Court of the status of his state court proceedings. 3) Petitioner's failure to timely file such notices will be grounds for dismissal of this action without further notice. Signed by Magistrate Judge James F Metcalf on 2/8/13. (see order for full details) (DMT)
March 8, 2013
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ORDER that the 47 Report and Recommendation is accepted; the 32 Motion for Stay and Abeyance is granted. Petitioner and Respondents shall, within fourteen days of the conclusion of the state court proceedings, file with this Court a notice advising the Court of the status. Petitioner shall, on or before March 31, 2013, and before the expiration of each calendar quarter thereafter, until termination of the stay, file with this Court a notice advising the Court of the status of his state court proceedings. Petitioner's failure to timely file such notices will be grounds for dismissal of this action without further notice. Signed by Senior Judge James A Teilborg on 3/7/2013. (LFIG)
August 7, 2015
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Motion for Appointment of Counsel 83 is denied. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen (14) days within which to file a response to the objections. Signed by Magistrate Judge James F. Metcalf on 8/6/15. (460 pages) (Attachments: # (1) Appendices)(SJF) Modified on 8/25/2015 to add ommitted text (REW).REPORT AND RECOMMENDATION re: 78 Supplemental Petition for Writ of Habeas Corpus (State/2254) and 1 Petition for Writ of Habeas Corpus (State/2254) filed by William Westley Duncan recommending that Petition be dismissed/denied, recommending that a Certificate of Appealability be issued as to the issues or grounds as stated in this order. See attached document for details. ORDERED that Petitioner's Motion for Evidentiary Hearing 82 is denied. FURTHER ORDERED that Petitioner's
January 27, 2016
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ORDER that the Motion for Evidentiary Hearing (Doc. 82) is denied. ORDERED that the Motion for Appointment of Counsel (Doc. 83) is denied. FURTHER ORDERED that the Report and Recommendation (Doc. 89) is rejected, modified, or accepted as specified in the PDF document; the objections of each party (Docs. 93 and 96) are sustained or overruled as specified above; the Petition is denied, with prejudice, and the Clerk of the Court shall enter judgment accordingly. FINALLY ORDERED that the Motion for a Certificate of Appealability (Doc. 94) is denied. Signed by Senior Judge James A Teilborg on 1/26/16. (EJA)