Tatum v. Ryan et al

Filing 62

ORDER that Magistrate Judge Metcalf's Report and Recommendation (Doc. 59 ) is ACCEPTED and ADOPTED as the Order of this Court. IT IS FURTHER ORDERED that consideration of Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. 11 ) is STAYED until completion of Petitioner's pending proceedings before the Arizona Supreme Court. IT IS FINALLY ORDERED that Petitioner shall be required to file a Notice of Status of his state court proceedings within 30 days of this Order, every three (3) months thereafter, and within 30 days of any final ruling by the Arizona Supreme Court in such proceeding. Signed by Judge Diane J Humetewa on 10/19/2022. (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,
Petitioner,

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v.

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Charles L Ryan, et al.,

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No. CV-15-00711-PHX-DJH (JFM)
ORDER

Respondents.

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Pending before the Court is Magistrate Judge Metcalf’s Report and

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Recommendation on Stay of Petition (“R&R”) (Doc. 59).

Therein, Judge Metcalf

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recommends that consideration of Petitioner’s Amended Petition for Writ of Habeas

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Corpus be stayed until completion of Petitioner’s pending proceedings before the Arizona

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Supreme Court. (Id. at 10–11). Judge Metcalf advised the parties that they had fourteen

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days to file objections and that the failure to timely do so “will be considered a waiver of

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a party’s right to de novo consideration of the issues.” (Id. at 11) (citing United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Neither party has filed

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objections to the R&R.

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recommendations made therein and finds no reason to disagree or modify its

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recommendations. The Court will, therefore, accept the R&R and stay this matter pending

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Petitioner’s state court proceedings. See 28 U.S.C. § 636(b)(1) (“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 the

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

The Court has nonetheless reviewed the findings and

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Accordingly,

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IT IS ORDERED that Magistrate Judge Metcalf’s Report and Recommendation

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(Doc. 59) is ACCEPTED and ADOPTED as the Order of this Court.

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IT IS FURTHER ORDERED that consideration of Petitioner’s Amended Petition

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for Writ of Habeas Corpus (Doc. 11) is STAYED until completion of Petitioner’s pending

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proceedings before the Arizona Supreme Court.

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IT IS FINALLY ORDERED that Petitioner shall be required to file a Notice of

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Status of his state court proceedings within 30 days of this Order, every three (3) months

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thereafter, and within 30 days of any final ruling by the Arizona Supreme Court in such

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proceeding.

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Dated this 19th day of October, 2022.

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Honorable Diane J. Humetewa
United States District Judge

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