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14-2443 - Owens v. Ryan et al


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14-2443 - Owens v. Ryan et al
May 2, 2016
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends the District Court deny Claims 1-13 and 15-22. Claim 14 is procedurally defaulted; however, Owens has established cause and prejudice to overcome the default. The Court finds Owens is entitled to relief on Claim 14. The Magistrate Judge recommends the District Court grant the writ as to this claim, which would overturn Owens's conviction and sentence on Count 7. Any party may serve and file written objections within 14 days of being served with a copy of the Report and Recommendation. A party may respond to the other party's objections within 14 days. No reply brief shall be filed on objections unless leave is granted by the district court. If objections are not timely filed, they may be deemed waived. If objections are filed, the parties should use the following case number: CV 14-2443-TUC-DCB. (See attached PDF for complete information). Signed by Magistrate Judge D Thomas Ferraro on 5/2/16.(BAC)
June 20, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION 36. The Objections (Doc. 37) raised by the Petitioner are OVERRULED. It is further ORDERED that the Petition for Writ of Habeas Corpus is DENIED on all claims but for claim 14. The Petition is GRANTED on claim 14, thereby overturning the conviction and sentence on Count 7 of the state court Indictment. This action is remanded to the state court for resentencing based on this Order. Signed by Senior Judge David C Bury on 6/17/16. (KAH)