Gordon v. Ryan et al

Filing 22

ORDER adopting the 20 Report and Recommendation of the Magistrate Judge as the Order of this Court; that the Petition for Writ of Habeas Corpus is dismissed without prejudice; denying as moot Petitioner's pleading entitled 16 Summary Judgment; directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 08/11/10. (ESL)

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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 vs. C. Ryan, et al. Respondents. Wendell Clayton Gordon, Petitioner, NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) No. CV10-0364-PHX-SRB ORDER Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 on February 19, 2010. On June 17, 2010 Respondents filed a Notice of Pending State Court Proceedings That Could Moot the Instant Federal Habeas Action. On July 13, 2010, the Magistrate Judge issued her Report and Recommendation recommending that the petition be dismissed without prejudice as premature. The Magistrate Judge also recommended that Petitioner's "Summary Judgment" be denied as moot. The Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is dismissed without prejudice. 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 FURTHER ORDERED denying as moot Petitioner's pleading entitled "Summary Judgement" (Doc. 16). IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. DATED this 11th day of August, 2010. -2-

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