Garza v. Ryan et al

Filing 72

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)

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1 WO 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE DISTRICT OF ARIZONA 6 7 Ruben Garza, 8 9 10 No. CV-14-01901-PHX-SRB Petitioner, v. DEATH PENALTY CASE ORDER Charles L. Ryan, et al., 11 Respondents. 12 13 14 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, 15 16 17 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 18 the order, however, a stay allowing Garza to pursue the claim in state court is denied. 19 (Doc. 70 at 5–6.) 20 Accordingly, 21 IT IS ORDERED GRANTING Garza’s Motion for Reconsideration in Part 22 23 24 25 26 27 28 (Doc. 71). Dated this 28th day of March, 2017.

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