Purcell #147003 v. Ryan et al

Filing 42

ORDER - IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. (Doc. 40 ) IT IS FURTHER ORDERED granting Petitioner's Motion for Relief from Judgment Under Rule 60(b) of the Federal Rules of C ivil Procedure. (Doc. 34 ) IT IS FURTHER ORDERED directing the Clerk to reopen this case. IT IS FURTHER ORDERED that Respondents shall file their answer to the Petition for Writ of Habeas Corpus (Doc. 1) within 40 days from the date of this Order. IT IS FURTHER ORDERED that Petition file his Reply within 30 days from the date of service of the answer. (See document for further details). Signed by Senior Judge Susan R Bolton on 1/27/2022. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Bobby Purcell,

No. CV-15-01316-PHX-ESW
Petitioner,

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v.

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ORDER

Charles Ryan, et al.

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Respondents.
On December 20, 2021 Petitioner filed a Motion for Relief from Judgment Under
Rule 60(b) of the Federal Rules of Civil Procedure. Respondents filed their Response on
January 3, 2022 and Petitioner filed his Reply on January 6, 2022. On January 10, 2022 the
Magistrate Judge issued her Report and Recommendation recommending that Petitioner’s
Motion for Relief from Judgment Under Rule 60(b) of the Federal Rules of Civil Procedure
be granted and that the Court reopen this matter and require Respondents to answer the
Petition for Writ of Habeas Corpus within 40 days from the date the matter is reopened. It
is also recommended that Petitioner may file a Reply within 30 days from the date of service
of the Answer. In her Report and Recommendation the Magistrate Judge advised the parties
that they had fourteen days from the date of service of a copy of the Report and
Recommendation within which to file specific written objections with the Court. The time
to file such objections has expired and no objections to the Report and Recommendation
have been filed.
The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.

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IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge
as the order of this Court. (Doc. 40)
IT IS FURTHER ORDERED granting Petitioner’s Motion for Relief from
Judgment Under Rule 60(b) of the Federal Rules of Civil Procedure. (Doc. 34)

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IT IS FURTHER ORDERED directing the Clerk to reopen this case.

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IT IS FURTHER ORDERED that Respondents shall file their answer to the Petition

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for Writ of Habeas Corpus (Doc. 1) within 40 days from the date of this Order.
IT IS FURTHER ORDERED that Petition file his Reply within 30 days from the
date of service of the answer.

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Dated this 27th day of January, 2022.

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