Garza v. Ryan et al
ORDER: IT IS ORDERED GRANTING Garza's Motion for Reconsideration in Part (Doc. 71 ) [see attached Order for details]. Signed by Judge Susan R Bolton on 3/28/17.(MAW)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
DEATH PENALTY CASE
Charles L. Ryan, et al.,
Before the Court is Petitioner Garza’s Motion for Reconsideration in Part. (Doc.
71.) Garza asks the Court to reconsider the statement in its order of January 11, 2017,
indicating that Garza’s Hurst claim is time-barred because it was not raised in his habeas
petition. (Doc. 70 at 6.) On reconsideration, the Court finds that Garza did sufficiently
raise such allegations in his petition. (Doc. 27 at 383–84.) For the other reasons set out in
the order, however, a stay allowing Garza to pursue the claim in state court is denied.
(Doc. 70 at 5–6.)
IT IS ORDERED GRANTING Garza’s Motion for Reconsideration in Part
Dated this 28th day of March, 2017.
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