Summerlin #045318 v. United States District Court

Filing 23

ORDER - IT IS ORDERED that Respondents, on or before November 28, 2016, file a reply to Petitioner's response to Respondents' 18 Notice of Lack of Subject Matter Jurisdiction to Consider Petitioner's Second or Successive Petition f or Writ of Habeas Corpus, just addressing the issue discussed herein. IT IS FURTHER ORDERED that no further responses/replies be filed until further order of the Court. (See document for further details). Signed by Magistrate Judge Michelle H Burns on 11/17/16. (LAD)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Warren W. Summerlin,
Petitioner,

10
11

vs.

12

Charles Ryan, et al.,

13

Respondents.

14

)
)
)
)
)
)
)
)
)
)
)

CIV 15-02375-PHX-ROS (MHB)
ORDER

15

On May 3, 2016, Petitioner filed an pro se Amended Petition for Writ of Habeas

16

Corpus pursuant to 28 U.S.C. 2254, raising various claims. (Doc. 11.) In response,

17

Respondents filed a Notice of Lack of Subject Matter Jurisdiction to Consider Petitioner’s

18

Second or Successive Petition for Writ of Habeas Corpus, claiming that Petitioner’s habeas

19

petition should be dismissed as successive, and that Petitioner has not obtained authorization

20

from the Ninth Circuit Court of Appeals to file a successive petition. (Doc. 18.) In

21

Petitioners response, he claims that his previous habeas petition related to a different case

22

number in state court (“case # CR-110502"), than the case number of the conviction he

23

challenges in the instant habeas petition (“CR-125325"). (Doc. 21 at 2.)

24

The Court, not having the documents before it to resolve Petitioner’s claim, will order

25

Respondents to file a reply to Petitioner’s response, addressing only the issue of whether

26

Petitioner’s instant habeas petition raises issues relating to a different case than his previous

27

habeas petition.

28

Wherefore,

1

IT IS ORDERED that Respondents, on or before November 28, 2016, file a reply to

2

Petitioner’s response to Respondents’ Notice of Lack of Subject Matter Jurisdiction to

3

Consider Petitioner’s Second or Successive Petition for Writ of Habeas Corpus, just

4

addressing the issue discussed herein.

5
6
7

IT IS FURTHER ORDERED that no further responses/replies be filed until further
order of the Court.
DATED this 17th day of November, 2016.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-