Lona v. Ryan et al

Filing 3

ORDER that the Clerk must serve a copy of the Petition (Doc. 1 ) and this Order on the Respondent and the Attorney General of the State of Arizona by certified mail. Respondents must answer the Petition within 40 days of the date of service. This matter is referred to Magistrate Judge David K. Duncan 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 Steven P Logan on 7/31/14. (LSP)

1

WO

MD

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Richard Michael Lona,

10

No. CV 14-01227-PHX-SPL (DKD)

Petitioner,

11

vs.

12

Charles L. Ryan, et al.,

ORDER

13

Respondents.

14
15

Petitioner Richard Michael Lona, who is confined in the Arizona State Prison

16

Complex-Phoenix, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28

17

U.S.C. § 2254 (Doc. 1) and has paid the $5.00 filing fee. The Court will require an

18

answer to the Petition.

19

I.

Petition

20

Following a jury trial, Petitioner was convicted in Pinal County Superior Court,

21

case #CR200801581, of aggravated assault, leaving the scene of an accident, and

22

unlawful flight and was sentenced to a 9.75-year term of imprisonment. In his Petition,

23

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

24

Additional Respondent. Petitioner raises four grounds for relief.

25

In Ground One, Petitioner alleges that the trial court improperly restricted

26

discovery and the cross-examination of a witness, in violation of Petitioner’s Fifth and

27

Fourteenth Amendment rights.1 In Ground Two, Petitioner alleges that his due process

28
1

TERMPSREF

Petitioner actually wrote “U.S.C.A. 5 and 14,” but it appears he is referring to the Fifth

1

rights were violated, in violation of the Fifth and Fourteenth Amendments. In Ground

2

Three, Petitioner alleges that he received ineffective assistance of counsel, in violation of

3

his Fifth, Sixth and Fourteenth Amendment rights. In Ground Four, Petitioner alleges

4

that his urine sample was contaminated.

5
6

The Court will require Respondents to answer the Petition. 28 U.S.C. § 2254(a).
II.

Warnings

7

A.

8

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

9

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

10

for other relief with a notice of change of address. Failure to comply may result in

11

dismissal of this action.

Address Changes

12

B.

13

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

14

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

15

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

16

Petitioner must submit an additional copy of every filing for use by the Court. LRCiv

17

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

18

Petitioner.

Copies

19

C.

20

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

21

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

22

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

23

for failure to comply with any order of the Court).

24

IT IS ORDERED:

25

(1)

Possible Dismissal

The Clerk of Court must serve a copy of the Petition (Doc. 1) and this

26

Order on the Respondent and the Attorney General of the State of Arizona by certified

27

mail pursuant to Rule 4, Rules Governing Section 2254 Cases.

28
TERMPSREF

and Fourteenth Amendments to the United States Constitution.
-2-

1

(2)

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

2

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

3

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

4

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

5

defenses, only those portions of the record relevant to those defenses need be attached to

6

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

7

waiver of the defense. Day v. McDonough, 547 U.S. 198, 209-11 (2006). If not limited

8

to affirmative defenses, the answer must fully comply with all of the requirements of

9

Rule 5 of the Rules Governing Section 2254 Cases.

10
11
12

(3)

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

answer.
(4)

This matter is referred to Magistrate Judge David K. Duncan pursuant to

13

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

14

report and recommendation.

15

Dated this 31st day of July, 2014.

16
17

Honorable Steven P. Logan
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
TERMPSREF

-3-