Vasko v. Hacker-Agnew et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that Magistrate Judge Boyle's R&R (Doc. 13 ) is accepted and adopted as the order of this Court. IT IS FURTHER ORDERED that Respondents' Motion to Stay (Doc. 9 ) and Petitioner 039;s Motion to Stay (Doc. 12 ) are GRANTED and that this matter is STAYED pending further order of the Court. IT IS FINALLY ORDERED that, no later than July 28, 2017, Petitioner shall file a status report to inform the Court of the status of hi s state court proceedings. In addition, every 90 days after the initial status report, Petitioner shall file a supplemental status report regarding his state court proceedings. Lastly, Petitioner must notify the Court within 30 days after the stat e court review is completed by filing a notice. If relief is not granted by the state court, the stay will be lifted and the Court will set a deadline for Respondents to answer the Petition (Doc. 1 ). (See document for further details). Signed by Judge Diane J Humetewa on 6/28/17. (SLQ)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Gary Vasko,
No. CV-17-8001-PCT-DJH
Petitioner,
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v.
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ORDER
Carla Hacker-Agnew, et al.,
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Respondents.
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This matter is before the Court on Respondents’ Motion to Stay (Doc. 9),
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Petitioner’s Motion to Stay (Doc. 12), and the Report and Recommendation (“R&R”)
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issued by United States Magistrate Judge John Z. Boyle (Doc. 13). Petitioner asserts in
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his motion to stay that he does not oppose Respondents’ motion.
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Judge Boyle has explained the background and status of this habeas case in the
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R&R and the Court need not repeat that information here. After full consideration of the
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matter, Judge Boyle recommends that Respondents’ and Petitioner’s motions to stay be
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granted.
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Judge Boyle advised the parties that they had fourteen days to file objections and
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that the failure to file timely objections "may result in the acceptance of the Report and
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Recommendation by the District Court without further review." (Doc. 13 at 4) (citing
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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Although
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the parties are in agreement regarding a stay, the Court, in an abundance of caution, has
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waited for the objection deadline to expire before issuing its ruling. No objection to the
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R&R has been filed.
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The Court has reviewed the R&R and agrees with its findings and
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recommendations. In light of the parties’ agreement that a stay is warranted here, and
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Judge Boyle’s well-reasoned recommendation to grant the motions to stay, the Court will
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accept the R&R and grant the motions. See 28 U.S.C. § 636(b)(1)(C) (“A judge of the
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court may accept, reject, or modify, in whole or in part, the findings or recommendations
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made by the magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).
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Accordingly,
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IT IS ORDERED that Magistrate Judge Boyle's R&R (Doc. 13) is accepted and
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adopted as the order of this Court.
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IT IS FURTHER ORDERED that Respondents’ Motion to Stay (Doc. 9) and
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Petitioner’s Motion to Stay (Doc. 12) are GRANTED and that this matter is STAYED
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pending further order of the Court.
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IT IS FINALLY ORDERED that, no later than July 28, 2017, Petitioner shall
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file a status report to inform the Court of the status of his state court proceedings. In
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addition, every 90 days after the initial status report, Petitioner shall file a
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supplemental status report regarding his state court proceedings. Lastly, Petitioner must
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notify the Court within 30 days after the state court review is completed by filing a
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notice. If relief is not granted by the state court, the stay will be lifted and the Court will
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set a deadline for Respondents to answer the Petition (Doc. 1).
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Dated this 28th day of June, 2017.
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Honorable Diane J. Humetewa
United States District Judge
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