Phillips v. Arizona, State of

Filing 22

ORDER denying 18 Request to File Only Relevant Portions of the Record. Respondents shall file all documents in compliance with Rule 5, 28 U.S.C. foll. § 2254 no later than February 5, 2016. Petitioner may file a reply no later than March 7, 2016. Petitioner's 20 "Order to Show Cost," is denied as moot. Signed by Magistrate Judge Eileen S Willett on 01/26/2016. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Devon E. Phillips,

No. CV-14-02809-PHX-GMS (ESW)
Petitioner,

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v.

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ORDER

Arizona, State of, et al.,

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Respondents.

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On December 29, 2014, Petitioner Devon E. Phillips, who was then confined in

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the Arizona State Prison Complex-Tucson, filed a pro se Petition for Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). In a May 8, 2015 Order, the Court

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dismissed the Petition with leave to amend. (Doc. 8). On August 26, 2015, Petitioner

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filed an Amended Petition for Writ of Habeas Corpus. (Doc. 14). The Court ordered

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Respondents to answer. (Doc. 15). Respondents filed their “Answer to Petition for Writ

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of Habeas Corpus” on October 19, 2015. (Doc. 19). All issues are joined. Several

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Motions are pending before the Court.

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DISCUSSION

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1. Request to File Only Relevant Portions of the Record (Doc. 18)

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On September 9, 2015, the Court ordered that “[i]f not limited to affirmative

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defenses, the answer must fully comply with all of the requirements of Rule 5 of the

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Rules Governing Section 2254 Cases.” Rule 5, 28 U.S.C. foll. § 2254, requires that

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Respondents must attach to their Answer relevant transcripts as well as briefs on appeal

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and dispositive appellate orders and opinions. Respondents request leave of the Court to

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file with their Answer only those parts of the state court record deemed relevant by

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Respondents. Respondents did not file a limited answer. Therefore, the request will be

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denied.

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2. “Order to Show Cost” (Doc. 20)

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Petitioner seeks a paper copy of the June 22, 2010 change of plea transcript in his

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underlying state court proceeding. The document the Petitioner requests is attached as

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Exhibit G to Respondents’ Answer. (Doc. 19-1 at 31- 40). Respondents indicate in their

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Response to Order to Show “Cost” that a paper copy of the transcript was sent to

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Petitioner at his Texas address. (Doc. 21). Therefore, Petitioner’s “Order to Show Cost”

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will be denied as moot.

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CONCLUSION

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For the reasons set forth herein,

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IT IS ORDERED denying Request to File Only Relevant Portions of the Record

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(Doc. 18). Respondents shall file all documents in compliance with Rule 5, 28 U.S.C.

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foll. § 2254 no later than February 5, 2016. Petitioner may file a reply no later than

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March 7, 2016.

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IT IS FURTHER ORDERED denying as moot “Order to Show Cost” (Doc. 20).

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Dated this 26th day of January, 2016.

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