Warling # 087473 v. Ryan et al

Filing 20

ORDER OF RECUSAL - Accordingly, it is ORDERED RECUSING myself under Canon 3(C) (1)(e) and transferring this case to the clerk of court for random reassignment under LRCiv 3.7. Signed by Senior Judge Frederick J Martone on 9/10/13. NOTE: This case has been reassigned by random lot to Judge David G. Campbell. For future filings, please list the following case number: CV-12-1396-PHX-DGC.(LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kareem Eli Warling,
Petitioner,

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vs.

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Charles L. Ryan, et al.,
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Respondents.
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No. CV 12-01396-PHX-FJM (SPL)
ORDER

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The court has before it petitioner’s petition for writ of habeas corpus pursuant to 28

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U.S.C. § 2254 (doc. 1) and respondents’ answer (doc. 13). We also have before us the

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Report and Recommendation of the United States Magistrate Judge (doc. 15), and

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petitioner’s objections (doc. 16).

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The Report and Recommendation brings to our attention that on December 1, 1993,

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the undersigned, as Justice of the Arizona Supreme Court, participated in the decision that

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denied petitioner’s petition for review in State v. Warling, No. CR-93-0306-PR. See Answer

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(doc. 13-2) Exhibit FF. Having participated as a judge in tens of thousands of cases in state

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and federal court over the last 28 years, the undersigned has no independent recollection of

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any case involving the petitioner. Nevertheless, Canon 3(C)(1)(e), of the Code of Conduct

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for United States Judges, as amended in 2009, requires disqualification where the judge,

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during prior governmental employment, participated as a judge concerning the proceeding.

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Remittal of disqualification is not available under Canon 3(D), for disqualification under

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Canon 3(C)(1)(e).

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Accordingly, it is ORDERED RECUSING myself under Canon 3(C)(1)(e) and
transferring this case to the clerk of court for random reassignment under LRCiv 3.7.
DATED this 10th day of September, 2013.

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