Apelt, et al v. Schriro, et al

Filing 223

ORDER Status Conference set for 6/4/2010 09:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Judge Roslyn O Silver. Signed by Judge Roslyn O Silver on 4/7/10. (LSP)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Michael Apelt, Petitioner, vs. Charles L. Ryan, et. al.,1 Respondents. ) No. CV-98-00882-PHX-ROS ) ) DEATH PENALTY CASE ) ) ) ORDER ) ) ) ) ) In an order dated September 26, 2002, the Court stayed Petitioner's sentencing-related habeas claims pending resolution in state court of Petitioner's claim pursuant to Atkins v. Virginia, 536 U.S. 304 (2002), that he is mentally retarded and therefore ineligible for the death penalty. (Dkt. 117.) The Court subsequently denied Petitioner's conviction-related claims while retaining the stay of the sentencing claims. (Dkt. 210.) On May 19, 2009, the state court denied Petitioner's Atkins claim. (See Dkt. 218.) On March 2, 2010, the Arizona Supreme Court denied a petition for review. (See Dkt. 222.) State proceedings having been concluded, the Court will set this matter for a status conference. Accordingly, Charles L. Ryan, Acting Director of the Arizona Department of Corrections, is substituted for his predecessor pursuant to Fed. R. Civ. P. 25(d)(1). 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED that a status conference will be held on June 4, 2010 at 9:00 a.m. in Courtroom 604 of the Sandra Day O'Connor United States Courthouse in Phoenix. DATED this 7th day of April, 2010. -2-

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