Tatum v. Ryan et al

Filing 28

ORDER that Magistrate Judge Bade's 27 R&R is accepted and adopted as the order of this Court. ORDERED that the Petitioner's 25 Motion to Stay Federal Proceedings; Motion for Authorization to Represent Petitioner in Post-Conviction Proceedings is GRANTED. IT IS FURTHER ORDERED that this matter is STAYED under the terms set forth in the R&R (Doc. 27 at 2-3). IT IS FINALLY ORDERED that, while the stay is in place, Petitioner's CJA counsel, Sarah Stone, is authorized to represent Petitioner in a petition for writ of certiorari and state post-conviction proceedings resulting therefrom. Signed by Judge Diane J Humetewa on 4/1/2016. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Bobby Jerry Tatum,

No. CV-15-711-PHX-DJH (BSB)
Petitioner,

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v.

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ORDER

Charles L. Ryan, et al.,

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Respondents.

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This matter is before the Court on Petitioner’s Motion to Stay Federal

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Proceedings; Motion for Authorization to Represent Petitioner in Post-Conviction

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Proceedings (Doc. 25) and the Report and Recommendation (“R&R”) issued by United

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States Magistrate Judge Bridget S. Bade (Doc. 27). Petitioner is represented by counsel

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in this case. Petitioner’s counsel asserts in the motion to stay that Respondents do not

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oppose the motion.

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Judge Bade has explained the procedural history and status of this habeas case in

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the R&R and the Court need not repeat it here. After consideration of the matter, Judge

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Bade recommends that Petitioner’s motion be granted.

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Judge Bade advised the parties that they had fourteen days to file objections and

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that the failure to file timely objections "may result in the acceptance of the Report and

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Recommendation by the District Court without further review." (Doc. 27 at 3) (citing

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Although

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the time for objections has not expired, the Court sees no need to wait for the deadline

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before ruling given that the parties are in agreement on this issue.

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The Court has reviewed the R&R and agrees with its findings and

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recommendations. In light of the parties’ agreement that a stay is warranted here, and

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Judge Bade’s well-reasoned recommendation to grant the request, the Court will accept

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the R&R and grant the motion. See 28 U.S.C. § 636(b)(1)(C) (“A judge of the court may

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accept, reject, or modify, in whole or in part, the findings or recommendations made by

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the magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).

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Accordingly,

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IT IS ORDERED that Magistrate Judge Bade's R&R (Doc. 27) is accepted and

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adopted as the order of this Court.

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IT IS FURTHER ORDERED that the Petitioner’s Motion to Stay Federal

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Proceedings; Motion for Authorization to Represent Petitioner in Post-Conviction

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Proceedings (Doc. 25) is GRANTED.

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IT IS FURTHER ORDERED that this matter is STAYED under the terms set
forth in the R&R (Doc. 27 at 2-3).

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IT IS FINALLY ORDERED that, while the stay is in place, Petitioner’s CJA

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counsel, Sarah Stone, is authorized to represent Petitioner in a petition for writ of

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certiorari and state post-conviction proceedings resulting therefrom.

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Dated this 1st day of April, 2016.

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Honorable Diane J. Humetewa
United States District Judge

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