Phillips v. Arizona, State of
Filing
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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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