Miller v. Shinn et al

Filing 85

ORDER granting 83 Stipulation to seal Respondents' Answer to [the] Amended Petition for Writ of Habeas Corpus 71 and directing the Clerk of Court to file the Answer 71 . FURTHER ORDERED granting 84 Motion for Extension of Time to File R edacted Answer. No later than April 26, 2024, Respondents must file a redacted answer consistent with the Court's prior orders sealing the unredacted initial and amended petitions (see Docs. 38 and 55 ). FURTHER ORDERED this Order shall not be sealed. Signed by Senior Judge Roslyn O Silver on 3/28/24. (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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William Craig Miller,

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Petitioner,

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v.

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Ryan Thornell, et al.,

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No. CV-21-00992-PHX-ROS
ORDER
DEATH PENALTY CASE

Respondents.

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In September 2022, the Court granted Petitioner William Craig Miller’s motion to

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seal his unredacted, amended habeas corpus petition.1 (Docs. 55, 57, and 82.) Respondents

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later filed their unsealed, unredacted answer to the amended petition, which referenced

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information for which the amended petition had been sealed. (Docs. 55, 71, and 82.) Thus,

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the Court ordered the following by March 27, 2024: a joint statement filed by the parties

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on whether the unredacted answer should be sealed, and if the parties agreed that it should

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be sealed, a redacted answer filed by Respondents. (Doc. 82.)

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On March 27, 2024, the parties jointly asked that the unredacted answer be sealed

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for the reasons that the amended petition was sealed. (Doc. 83 at 1, citing Docs. 38, 55, and

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71.) Respondents also filed an unopposed motion to extend the deadline to file a redacted

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answer until April 26, 2024. (Doc. 84.) The Court will order that the unredacted answer be

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The Court had previously sealed Miller’s unredacted, initial petition. (Docs. 38–39.)

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filed under seal for the same reasons that the amended petition was sealed. (See Docs. 55

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and 82.) The Court will also grant Respondents’ motion for extension.

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Accordingly,

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IT IS ORDERED granting the parties’ request (Doc. 83) to seal Respondents’

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“Answer to [the] Amended Petition for Writ of Habeas Corpus,” Doc. 71, and directing

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the Clerk of Court to file the Answer (Doc. 71) under seal.

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IT IS FURTHER ORDERED granting Respondents’ unopposed Motion for

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Extension of Time to File Redacted Answer (Doc. 84). No later than April 26, 2024,

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Respondents must file a redacted answer consistent with the Court’s prior orders sealing

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the unredacted initial and amended petitions (see Docs. 38 and 55).

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IT IS FURTHER ORDERED this Order shall not be sealed.

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Dated this 28th day of March, 2024.

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Honorable Roslyn O. Silver
Senior United States District Judge

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