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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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA
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Ruben Garza,

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No. CV-14-01901-PHX-SRB
Petitioner,

v.

DEATH PENALTY CASE
ORDER

Charles L. Ryan, et al.,

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Respondents.

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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,

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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

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the order, however, a stay allowing Garza to pursue the claim in state court is denied.

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(Doc. 70 at 5–6.)

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Accordingly,

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IT IS ORDERED GRANTING Garza’s Motion for Reconsideration in Part

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(Doc. 71).
Dated this 28th day of March, 2017.