Snow v. Ryan et al

Filing 5

ORDER Petitioner's Application to Proceed In Forma Pauperis is granted. (Doc. 2.) The Clerk of Court must serve a copy of the Petition and supporting memorandum (Doc. 1 and 3) and this Order on the Respondent and the Attorney General of the Stat e of Arizona by certified mail pursuant to Rule 4, Rules Governing Section 2254 Cases. Respondents must answer the Petition within 40 days of the date of service. Petitioner may file a reply within 30 days from the date of service of the answer. This matter is referred to Magistrate Judge Michelle H. Burns pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. Signed by Judge G Murray Snow on 6/8/11. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Larry Charles Snow, Jr.,
Petitioner,

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vs.

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Charles L. Ryan, et al.,
Respondents.

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No. CV 11-1023-PHX-GMS (MHB)
ORDER

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Petitioner Larry Charles Snow, Jr., who is confined in the Arizona State Prison

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Complex-Eyman, Cook Unit, in Florence, Arizona, has filed a pro se Petition for Writ of

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Habeas Corpus pursuant to 28 U.S.C. § 2254 and an Application to Proceed In Forma

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Pauperis. The Court will require an answer to the Petition.

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I.

Application to Proceed In Forma Pauperis

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Petitioner’s Application to Proceed In Forma Pauperis indicates that his inmate trust

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account balance is less than $25.00. Accordingly, the Application to Proceed In Forma

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Pauperis will be granted. See LRCiv 3.5(b).

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II.

Petition

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Petitioner was convicted in Maricopa County Superior Court, case #CR2004-009295,

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of two counts of attempted sexual conduct with a minor and one count of sexual conduct with

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a minor and was sentenced to a 30-year term of imprisonment. In his Petition, Petitioner

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names Charles L. Ryan as Respondent and the Arizona Attorney General as an Additional

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Respondent.

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Petitioner raises one ground for relief. Petitioner alleges that his Due Process and

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Equal Protection rights have been violated by the failure of the trial court to resentence him

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following a change in controlling state law. The Court will require Respondents to answer

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the Petition. 28 U.S.C. § 2254(a).

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III.

Warnings

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A.

Address Changes

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Petitioner must file and serve a notice of a change of address in accordance with Rule

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83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion for other

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relief with a notice of change of address. Failure to comply may result in dismissal of this

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action.

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B.

Copies

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Petitioner must serve Respondents, or counsel if an appearance has been entered, a

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copy of every document that he files. Fed. R. Civ. P. 5(a). Each filing must include a

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certificate stating that a copy of the filing was served. Fed. R. Civ. P. 5(d). Also, Petitioner

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must submit an additional copy of every filing for use by the Court. LRCiv 5.4. Failure to

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comply may result in the filing being stricken without further notice to Petitioner.

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C.

Possible Dismissal

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If Petitioner fails to timely comply with every provision of this Order, including these

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warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,

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963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to

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comply with any order of the Court).

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IT IS ORDERED:

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(1)

Petitioner’s Application to Proceed In Forma Pauperis is granted. (Doc. 2.)

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(2)

The Clerk of Court must serve a copy of the Petition and supporting

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memorandum (Doc. 1 and 3) and this Order on the Respondent and the Attorney General of

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the State of Arizona by certified mail pursuant to Rule 4, Rules Governing Section 2254

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Cases.

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(3)

Respondents must answer the Petition within 40 days of the date of service.

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Respondents must not file a dispositive motion in place of an answer but may file an answer

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limited to relevant affirmative defenses, including but not limited to, statute of limitations,

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procedural bar, or non-retroactivity. If the answer is limited to affirmative defenses, only

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those portions of the record relevant to those defenses need be attached to the answer.

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Failure to set forth an affirmative defense in an answer may be treated as a waiver of the

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defense. Day v. McDonough, 126 S. Ct. 1675, 1684 (2006). If not limited to affirmative

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defenses, the answer must fully comply with all of the requirements of Rule 5 of the Rules

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Governing Section 2254 Cases.

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(4)

Petitioner may file a reply within 30 days from the date of service of the

answer.
(5)

This matter is referred to Magistrate Judge Michelle H. Burns pursuant to Rules

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72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and

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recommendation.

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DATED this 8th day of June, 2011.

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