Lopez, et al v. Ryan, et al

Filing 143

ORDER, Petitioner shall file a supplemental brief no later than 7/30/2012; Response due 9/28/2012; Reply due 10/29/2012. Clerk of Court shall reopen this case pursuant to 4/25/2012 order; Clerk of Court shall substitute Charles L. Ryan, Director of the Arizona Department of Corrections, as a Respondent in place of his predecesor Dora B. Schriro. Signed by Judge Cindy K Jorgenson on 5/1/12. (SMBE)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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George M. Lopez,
Petitioner,

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v.
Dora B. Schriro, et al.,

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Respondents.

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No. CV-97-224-TUC-CKJ
DEATH PENALTY CASE

ORDER

This matter having been remanded by the Ninth Circuit Court of Appeals, see Lopez
v. Ryan, No. 09-99028 (9th Cir. filed Apr. 26, 2012) (Doc. 142),
IT IS ORDERED setting the following briefing schedule:
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No later than July 30, 2012, Petitioner shall file a supplemental brief

addressing: (1) whether under Martinez v. Ryan, 132 S. Ct. 1309 (2011), Petitioner has cause
and prejudice to excuse the procedural default of his ineffective-assistance-of-counsel claims

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(see Doc. 53); (2) the merits of Petitioner’s procedurally defaulted ineffective-assistance-ofcounsel claims; and (3) whether Martinez applies to claims of ineffective assistance of
counsel whose factual basis was not fully developed during the initial postconviction relief
proceedings. The merits portion of the brief shall include a discussion of the applicable
standards of review and shall also include any requests for evidentiary development,
including identification of the evidence or facts sought to be developed and the applicable
standards governing evidentiary development.

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2.

No later than September 28, 2012, Respondents shall file a response to

Petitioner’s supplemental brief.

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3.

No later than October 29, 2012, Petitioner shall file a reply.

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4.

The Court’s courtesy copy of any brief in excess of 50 pages shall be spiral

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bound on the left and shall include a table of contents, an exhibits list (if any), and tabs

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between exhibits (if any).

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IT IS FURTHER ORDERED that the Clerk of Court shall reopen this case pursuant

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to the April 25, 2012 order of the Ninth Circuit remanding this matter for further proceedings

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(Doc. 142).

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IT IS FURTHER ORDERED that the Clerk of Court shall substitute Charles L.

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Ryan, Director of the Arizona Department of Corrections, as a Respondent in place of his

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predecessor Dora B. Schriro, pursuant to Fed. R. Civ. P. 25(d)(1).

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DATED this 1st day of May, 2012.

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