Alonso v. Ryan et al

Filing 88

ORDER: IT IS ORDERED that the Report and Recommendation (Doc. 85 ) is accepted to the limited extent that the motion for clarification or for stay in abeyance (Doc. 10 ) is denied. Petitioner's factual objections found in Doc. 86 are deemed moot, without prejudice to Petitioner reasserting them, if relevant, should he object to the Report and Recommendation filed on August 10, 2017 [see attached Order for details]. Signed by Senior Judge James A Teilborg on 8/15/17. (MAW)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Christopher M Alonso, Petitioner, 10 11 ORDER v. 12 No. CV-16-02143-PHX-JAT Charles L Ryan, et al., 13 Respondents. 14 15 On July 24, 2017, Magistrate Judge Boyle issued a Report and Recommendation 16 (“R&R”) recommending that this Court deny Petitioner’s motion for clarification or in 17 the alternative for stay in abeyance. (Doc. 85).1 Petitioner filed objections to the R&R 18 stating that he withdrew his motion for clarification or in the alternative for stay in 19 abeyance “on three separate occasions.” (Doc. 86). Given that Petitioner states the motion is no longer pending, 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 1 28 On August 10, 2017, Magistrate Judge Boyle issued a Report and Recommendation addressing the merits of Petitioner’s petition, but that Report and Recommendation is not the subject of this Order. 1 IT IS ORDERED that the Report and Recommendation (Doc. 85) is accepted to 2 the limited extent that the motion for clarification or for stay in abeyance (Doc. 10) is 3 denied. Petitioner’s factual objections found in Doc. 86 are deemed moot, without 4 prejudice to Petitioner reasserting them, if relevant, should he object to the Report and 5 Recommendation filed on August 10, 2017. 6 Dated this 15th day of August, 2017. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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