Ramirez, et al v. Ryan, et al

Filing 190

ORDER denying 177 Motion to Amend/Correct. FURTHER ORDERED that the following claims are DISMISSED WITH PREJUDICE: Claims 3, 4, 6, 9, 12, 15, 18- 26, and 28 on the merits; Claims 16, 27, and 29 as procedurally barred; and Claim 31 as not cognizable . FURTHER ORDERED that Claim 30 is DISMISSED WITHOUT PREJUDICE as premature and not yet ripe for review. FURTHER ORDERED that within thirty (30) days of the file date of this Order, Petitioner shall file a brief regarding the adequacy of Arizona Rule of Criminal Procedure 32.4(a) as a bar to federal review. FURTHER ORDERED that within thirty (30) days of the file date of Petitioner's brief, Respondents shall file a responsive brief. FURTHER ORDERED that if either party files a Motion for R econsideration of this Order, such motion shall be filed within fifteen (15) days of the filing of this Order. The filing and disposition of such motion shall not toll the time for the briefing schedule set forth above. FURTHER ORDERED that the Clerk forward a copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court, 1501 W. Washington, Phoenix, AZ 85007-3329. Signed by Judge James A Teilborg on 12/12/08.(DNH)